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The Georgia Statute of Limitations Impacts Your GA Personal Injury Claim (Part B)

The Georgia Statute of Limitations for Medical Malpractice

Injuries resulting from medical malpractice also have the 2-year limit but are slightly different when it comes to determining when that 2-year period begins. In instances such as a wrong-site surgery, when the date is obvious, determining the start of your 2-year window is simple.

The more complex medical malpractice cases, such as failure to diagnose or some types of medication errors can take months, even years, to manifest. In the case of a foreign object being left inside a patient the patient has 1 year from the date the object was discovered to file a claim, even if the surgery took place 3 years prior.

There is a limit to how much time can pass between the originating incident and the date of discovery. Typically 5 years from the accident date is the limit, although there may still be ways to file a GA personal injury claim with the help of an attorney.

The Discovery Rule and Tolling of Limitations

The discovery rule pertains to when it is not immediately apparent that an injury has occurred; therefore, no claim is immediately filed. Using the discovery rule after an accident in Douglas County, Georgia, can be difficult, as it requires a great deal of evidence.

Tolling of limitations is another potential factor in your case. Tolling can be common in cases when your accident in Douglas County, Georgia, was caused by a drunk driver. Your ability to file a claim against the negligent driver would be "tolled" until the traffic charges against them were resolved. This helped stop cases in which defendants would delay their ticket case to avoid being sued.

You will need to prove why it took longer than your 2-year Georgia statute of limitations timeframe to seek damages stemming from your injury. Expert witnesses and medical records are critical to proving this part of your GA personal injury claim and should not be attempted without the help of an experienced personal injury attorney.

When It's Time to Contact a Georgia Personal Injury Claim Attorney

At Murphy & Associates our Georgia personal injury claim attorney team is ready to answer your questions about Georgia personal injury law. We make it a point to provide useful, free information, so you can make an educated decision before you choose to hire us.

If you have been injured and have questions about your accident or your potential personal injury case, start by visiting our article library for relevant and helpful information regarding injuries and cases. You can watch our videos for information from and about James Murphy, or request our FREE books on what to do after an accident or when buying insurance in Georgia. Contact us today - 1-770-577-3020.