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Filing an injury claim in Georgia generally comes with a strict deadline. Under the statute of limitations, most personal injury victims have two years from the date of the incident to initiate legal action. However, not all cases fit neatly into this timeframe. Certain exceptions can pause or extend the deadline, offering victims more time to file. These exceptions are vital for those involved in situations where immediate filing isn’t possible, such as in some complex medical conditions or cases involving minors.
Whether you’re dealing with a medical malpractice case or a car accident claim, understanding these exceptions can make or break your right to compensation. This article outlines five common exceptions that could extend the filing deadline for injury claims in Georgia.
- Discovery Rule – When Injuries Aren’t Immediately Obvious
Not all injuries are instantly apparent. Some injuries take time to show symptoms, especially those involving internal damage or trauma like brain injuries. Georgia law recognizes this through the discovery rule.
This rule allows the statute of limitations clock to start when the victim discovers (or reasonably should have discovered) the injury, rather than the actual date of the accident. For example, if a person learns about a medical error several months after a surgical procedure, the filing deadline might begin from the date of that discovery—not the date of the surgery itself.
However, it’s important to note that this exception doesn’t apply to every type of personal injury claim, and courts often interpret it narrowly. Legal advice should be sought to determine its applicability.
- Minor Victims – Tolling for Children Under 18
If the injury victim is a minor, Georgia law provides an important exception. The two-year statute of limitations doesn’t begin until the child turns 18. This is known as tolling the statute of limitations for minors.
Let’s say a 10-year-old is injured in a slip-and-fall accident. Their deadline to file a claim wouldn’t expire until they turn 20 years old—two years after reaching legal adulthood. However, this exception may not apply to claims that parents must file on the child’s behalf, such as medical expenses. In those cases, different deadlines may apply.
- Mental Incompetence – Tolling for Legal Incapacity
If an individual is mentally incapacitated at the time of the injury or becomes incapacitated shortly after, the statute of limitations may be tolled during the period of their incompetence. This includes individuals with cognitive impairments or those in comas after severe injuries.
The tolling period lasts until the person regains mental competency. After that point, the regular two-year deadline resumes. However, proving mental incompetence requires strong medical evidence, and the courts closely examine whether the condition truly prevented the victim from understanding or managing their legal affairs.
- Defendant Leaves the State – Absence Exception
Another scenario that can pause the statute of limitations is when the at-fault party leaves Georgia after causing the injury. If the responsible party cannot be located or served due to their absence from the state, the time they are away does not count toward the two-year filing limit.
For example, if someone caused a car crash and then moved out of Georgia for a year before the claim was filed, that year may be excluded from the time limit. This ensures that defendants can’t avoid liability simply by leaving the state.
Victims must still demonstrate good faith efforts to locate or serve the defendant during that time. Courts may not allow this tolling exception if it appears the claimant was negligent in pursuing their case.
- Fraud or Concealment by the Defendant
When a defendant intentionally hides their involvement in causing the injury or uses fraud to mislead the victim, the statute of limitations can be extended. This is referred to as fraudulent concealment.
For instance, if a property owner conceals a defect that later causes an injury, and the victim only discovers the truth months later, the timeline may reset from the date of discovery. Courts generally require clear proof of the defendant’s deceptive behavior to grant this extension.
This exception reinforces the idea that no party should benefit from actively misleading another to avoid legal consequences.
Final Thoughts
Deadlines in personal injury law are crucial, but they’re not always rigid. Georgia law provides several exceptions that can protect the rights of injured individuals who, for valid reasons, couldn’t file their claims within the standard time limit.
If you believe your situation might qualify for one of these exceptions, it’s essential to speak with an experienced personal injury attorney as early as possible. Even with exceptions, the burden is often on the claimant to prove eligibility for an extended deadline. Acting promptly ensures the best chance of securing the compensation you deserve.
