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Georgia Lawyer
Johnny L. Woodruff, Attorney at Law
What is a "Statute of Limitations?"
A statute of limitations is a law that limits the amount of time that may pass between unlawful conduct and legal remedies. Once the expiration period of a statute of limitations has passed, an individual loses the right to pursue a lawsuit seeking relief from another (unless a legal exception applies). For information relevant to your specific case, please contact Johnny L. Woodruff, a Georgia lawyer.
Numerous Statutes Exist
Often times, people speak of a single "statute of limitations," but in fact, numerous statutes exist. Depending in your situation, the statute of limitations that applies can vary significantly. It can be difficult to monitor that various statutes that exist; Therefore, you should contact an attorney that can provide you with timely information relevant to your situation.
Special Civil Actions
For a small selection of the statutory time periods that exist in Georgia, see below. It is important to remember that multiple causes of action can be brought from a single incident; Therefore, although one time period may have expired, it may still be possible to raise a different claim. Contact Johnny L. Woodruff, a Georgia personal injury attorney for more information.
- Professional Malpractice - Actions related to medical malpractctice must be brought within two years of the date the act occurred. If an individual was unable to discover the injury during that time, the period will be extended.
- Personal Injury - Actions related to professional negligence, including medical malpractice, must be brought within two years.
- Fraud - Two years.
- Libel / Slander / Defamation - 1 year
- Injury to Personal Property - 4 Years
- Product Liability - Two Years
- Written Contracts - Six Years
- Oral Contracts - 4 Years
Statutes of Repose
A "Statute of Repose" differs from a "Statute of Limitations" in that once the statutory period has expired, it is not possible to file a lawsuit even if an injury happens after that time. For example, if there is a fifteen year statute of repose on the manufacture of an automobile, a claim cannot be filed against the manufacturer more than fifteen years after the date of manufacture, even if an injury occurs later due to a design defect.
Accrual of Claims
A statute of limitations is said to start running at the time a claim "accrues." Usually, this is the time at which the injury is initially suffered.
The Discovery Rule
Occassionally, it is not possible for someone to discover the cause of an injury until a significant amount of time has passed since the initial injury. When applicable, the "discovery rule" allows a suit to be filed within a certain amount of time after an injury has been discovered. This rule does not apply to all civil injuries, and the period of time for bringing a claim can often be very short. It is important that you quickly consult with a Georgia personal injury attorney in event of a late injury discovery.
Tolling and the Statute of Limitations
It may be possible to avoid the result of a statute of limitations by arguing that a statute has been "tolled." Essentially, when a statute is said to have been "tolled," it means that something has stopped the statute from running for a period of time. A statute may have "tolled" for a period of time if the victim was a minor at the time of the incident, mentally incompetent, or if the victim were to go into bankruptcy.
According to Georgia law, the statute of limitations begings to run upon a minor's 18th birthday, except in cases of medical malpractice.
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* Applies Only to Personal Injury Cases
If you have been injured due to a dog bite in Georgia, contact Johnny L. Woodruff, a Georgia personal injury lawyer. Johnny L. Woodruff has served the needs of Georgia's residents for the past ten years and has the experience necessary to assist you in your time of need. Click here to receive a free consultation from our firm.