Shane Smith, an injury lawyer in Atlanta, can help clarify the legal headaches that may come when considering how the discovery rule relates to the statute of limitations. Although the Georgia statute of limitations on a personal injury claim is two years, there are certain cases in which this time period can be extended, and you may file your claim after the two-year mark.
Georgia’s rule of discovery concludes that it is not always reasonable for a person to discover an injury within two years from the date it occurred. Essentially, the discovery rule states that your case must be filed within a certain time period of when your injury could have reasonably been expected to be discovered.
In some cases, an underlying condition may not exhibit symptoms until later in life. In other cases, the discovery of a new piece of evidence may link an injury to an accident years later. The rule of discovery allows for some leeway in filing your personal injury claim.
Another way the statute of limitations can be extended is through “tolling.” In some situations, the statutes of limitations on an injury may be tolled, or put on hold. This may occur for a number of reasons, such as being a minor at the time of injury. When the minor reaches legal age, the tolling stops, and the statute of limitations begins.
In addition to filing your personal injury claim within the statute of limitations, you must also consider the five factors of negligence cases. Call (980) 246-2656 for help from an injury lawyer in Atlanta at Shane Smith Law, or read 10 Mistakes that can Ruin your Georgia Wreck Case to learn more about filing a successful accident-related injury claim.