Any claim will be lost forever if you do not comply with the applicable time limits. Some of the more frequently encountered time limits in Georgia are listed below, but this list is by no means comprehensive.
1
Personal Injury and Wrongful Death: 2 Years
Suits for personal injury must be filed by the second anniversary of the incident that caused the injury.
2
Property Damage: 4 years
Claims for property damage must be filed within four years from the date of the incident.
3
Loss of Marital Consortium: 4 Years
Claims for loss of loss of marital society, services and consortium resulting from an injury to the other spouse must be filed in court by the fourth anniversary of the date of the injury.
4
Parent’s Claim for Child’s Medical Expense and Loss of Services
Old case law says four years. A Court of Appeals decision in the 1990s, apparently mistaken, says two years, but was based on a the wrong statute without referring to older cases that said four years. Assume two years until the court's mistake is corrected.
5
Minors' Personal Claims
All limitation periods are "tolled" or suspended to 18th birthday, except in medical malpractice claims. Therefore, most personal injury claims for injuries to minors can be filed up to the 20th birthday, though it is seldom smart to wait that long because evidence is lost and memories fade.
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