Slip and Fall

Georgia’s Slip-and-Fall Statute Of Limitations

By June 13, 2021 August 17th, 2021 No Comments
Slip and Fall Accidents | Ponton Law

As a plaintiff, the law has granted you a specific period by which you should file your slip-and-fall accident claim for compensation. It is known as the statute of limitations, and it differs depending on the state and the type of your personal injury case.

It would be best if you worked with a lawyer to help you gather the necessary information and evidence required to file a claim before this time lapses. Consult an Atlanta car accident attorney to discuss your case more. So, what is the statute of limitations for slip and fall accidents in Georgia?

When does the clock start counting?

Before looking at the time allowed by the law in Georgia to file your case, it is essential to know when the timer starts in a slip-and-fall accident. Like all other personal injury cases, the time allowed to start counting is the day you are injured in an accident.

It runs from then, including holidays and weekdays, until the day permitted by your state to file the case.

If you file your claim any other day past this period, the defense team will point out that you have exceeded the statute of limitations, and the court will have to dismiss your case. It is essential to start as soon as possible instead of waiting until the period expires.

Georgia’s slip-and-fall statute of limitations

The Georgia Code requires that actions for injuries be filed within two years from the day of the accident. In other words, you have exactly two years from when you are injured in a slip and fall accident to file your claim in the state of Georgia.

This statute of limitations also applies to family members who lose their loved ones in a slip-and-fall accident. They must file a wrongful death claim within the 2-year window. However, in a case of wrongful death, the clock starts counting on the day of death rather than the day of the accident.

Exceptions in the statute of limitations

There are a few exemptions that apply to this rule.

The court would offer a different statute of limitations if the accident happened in a government-owned property instead of a privately owned property. It means that you may have more time if you slip and fall on a road or sidewalk. Due to the complexity of limitation laws, you need an experienced attorney for legal advice and representation.

What is the role of an attorney?

Like any other personal injury case, you have the burden of proof to show that the other party’s negligence caused your accident. You prove that:

  • The other party owed you a duty of care
  • They neglected their duty of care
  • Your injuries occurred as a result of their actions

An attorney will investigate further, cross-examine witnesses, handle all negotiations, and ensure your rights are protected in every step. Remember, the insurance company and the defendant will not gladly accept liability. Schedule an appointment online with an Atlanta car accident attorney or call the offices directly at 404-902-3154.

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