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Is there a statue of limitations on personal injury claims? or is this what you call my claim?

Valdosta, GA |

I was hit by a car when i was 15 yrs old i am 32 now and i was told that my injuries would leave not being the same as i before I have been having trouble with my shoulder for the passed 4 1/2 yrs which stems from the accident I cannot do what most people think that i should be able to do as far as my shoulder /arm goes and the doctor diagnosed me with avascular necrosis I am having trouble getting disability seems like the disability firm that is working with my case is not getting all of the information or should i say all of my records but to make a long story short i am in constant pain everyday and it seems like no end in sight for this pain. Is there anything that can be done by it being so many years after the accident?

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Attorney answers 8

Posted

In Georgia the statute of limitations for negligence that causes injury to a person is two (2) years from the date on which an injury or death arising from a negligent or wrongful act or omission occurred. O.C.G.A. § 9-3-31. In Georgia, minors and persons who are legally incompetent (such as mental retardation) at the time of the event causing injury are entitled to have the statute of limitation “tolled” until the person becomes an adult or the legal incompetence no longer exists. O.C.G.A. § 9-30-90. If a person suffers a disability that causes legal incompetence after her or his right of action accrues and the disability was not voluntarily caused, the statute of limitations may be tolled during the disability. O.C.G.A. § 9-3-91.

Unless you were mentally incompetent from your 18th birthday until now, the statute expired on your 20th birthday.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Glen Edward Ashman

Glen Edward Ashman

Posted

The statute does not affect your potential rights to social security disability.

Posted

Unless you suffer from some type of mental disability that prevented you from filing two years after the age of majority (18), it is too late.

The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

Posted

I agree with atty. Ashman. Unless you were mentally incompetent at time, the statute of limitations expired when you were 20. Also, SS disability only pays if you are 100% disabled from any type of work and it does not sound like you are.

Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

Posted

Unfortunately, it appears to be too late for a personal injury claim to be brought. Keep following up with your disability claim and if you feel the attorneys are not getting the appropriate records request a meeting with them.

Posted

It appears you waited too long. If you have an accident in the future, please call a local personal injury lawyer immediately.

Posted

Time has expired, it is too late.

Posted

It is extremely unfortunate that you did not retain counsel or your parents did not retain a lawyer on your behalf. It is too late to do anything. If there is ever a next time, seek prompt legal assistance.

Posted

The statute of limitations is 2 years from the date of injury in GA unless something tolled the statute like mentail disability or age.

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