Time Matters: Georgia Statutes of Limitations on Legal Actions

Statute of limitations is a vague legal term for most, but it is a legal term that everyone should be very familiar with to ensure that you are able to receive the justice you deserve. Black?s Law Dictionary defines statute of limitations as ?the time frame set by legislation where affected parties need to take action to enforce rights or seek redress after injury or damage.? Simply put, if you do not file your claim within the time frame set by law, then your case will be barred forever and you will not be able to recover. Take a look below to find out the statutes of limitations under Georgia law for a few common claims.

Adoption Challenge
6 months after date of entry

Contracts?Oral
4 years

Contracts?Written
6 years

Collection of Debt
4 years

Criminal Cases
2 years up to no limitation

Fair Business Practices Act
2 years

Fraud?civil
2 years

Injury to Person
2 years

Injury to Personal Property
4 years

Judgments (outside Georgia)
5 years

Libel/Slander
1 year

Medical Malpractice
2 years, possibly up to 5

Medical Malpractice, Foreign Object Left in the Body
1 year once discovered

Products Liability
10 years

Trespass
4 years

Unlawful Employment Practices
180 days

Wage Recovery Actions
2 years

Wage Sex Discrimination
1 year

Workers? Compensation
1 year after death, injury, or last treatment; 2 years after last payment

Of course, there are many more claims with applicable statutes of limitations. There are also many exceptions to these and other statutes of limitations. It is paramount that you understand your legal rights and limitations in pursuing or defending against any claim. If you need an attorney to assist you with your legal matter, then please call our firm at 1-800-537-7503 or visit our website at https://deminglaw.com to begin a consultation.

MOTORCYCLE LAW GUIDE

by Frank Parker, Esq.

Uninsured and underinsured drivers are often some of the worst drivers on the road. It is expensive to insure people with bad records, so they are more likely to have the cheapest coverage available or no coverage at all. That being the case, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is essential for a motorcycle. Recognizing that a majority of auto owners in the State of Georgia carry the minimally-required liability coverage on their vehicle of only $25,000.00, it is imperative that you carry sufficient uninsured/ underinsured motorist coverage on your motorcycle to protect you in the event that you are seriously injured as a result of a crash.

Uninsured/Underinsured Motorist coverage covers medical expenses, disability, loss of wages, pain and suffering, property losses, and loss of consortium in the event the at-fault driver has no insurance or does not have enough insurance to cover your damages. Further, Georgia insurance laws allow stacking of all motor vehicle UM/UMI policies that you or any relatives living in your household have at the time of the crash. If you are involved in a crash with an uninsured or underinsured driver, you may be able to add the available coverage from all of your separate motorcycle and motor vehicle polices, as well as all household relatives? motor vehicle and motorcycle policies to determine the total amount of coverage available. It is necessary to notify all UM/UIM carriers as soon as possible after you are involved in a motor vehicle crash.

Georgia UM/UIM laws were changed in 2009 to allow motorists a choice between two different types of uninsured/underinsured motorist coverage. Of the two types, one is called ?reduced? or ?difference-in-limits? coverage, and the other is called ?add-on? or ?excess? uninsured coverage. The ?reduced? or ?difference in limits? coverage is less expensive, but will only pay if you have higher UM/UIM limits than the at-fault driver?s liability limits. The better option is the ?add-on? or ?excess coverage,? which adds to the liability coverage the at-fault driver already has. Always insist on ?add-on? or ?excess? uninsured/underinsured motorist coverage, and ensure that the coverage is at the same levels as your liability coverage, which we recommend to be a minimum of $100,000.00.

Here is an example as to how it all works: You are riding your motorcycle down the road and a careless driver of a car merges into your lane and forces you off the road. Your motorcycle sustains extensive damage and you have several broken bones, bad lacerations and bruising. The other driver is determined to be at fault but only carries the Georgia minimum liability coverage of $25,000.00 per person. Your motorcycle alone is valued at over $25,000.00 and your medical bills for the first few hours of treatment at the hospital exceed $30,000.00. You also need on-going medical treatment in the future, will be out of work for an extended period of time, and will experience significant pain and suffering for which you are entitled to be compensated.

Even though the other driver is at fault for this life-changing event, his ability to pay is no more than his $25,000.00 liability policy limits, which were exceeded a few hours after the crash. Fortunately, you have wisely purchased ?add-on? uninsured/underinsured motorist coverage on your motorcycle for $100,000.00. This means that you have up to $100,000.00 in available coverage on top of the at-fault driver?s $25,000.00 liability coverage resulting in $125,000.00 to help compensate you for your medical bills, lost wages, and pain and suffering. If you had chosen the ?reduced? or ?excess? coverage, you would only have $100,000.00 to compensate you for your loss.

Attorney Frank Parker is a principle in the law firm of Deming, Parker, Hoffman, Campbell & Daly, LLC, and concentrates on motorcycle and automobile personal injury cases. Frank has been an avid motorcyclist for over 47 years, and he has over 31 years of experience in representing injured motorcyclists. Frank will be happy to answer any questions you may have regarding motorcycle and automobile personal injury cases, as well as representing your legal interests in such cases.

Success Stories

A client contacted our firm 10 days before the statute of limitations expired on his medical malpractice case. He filed a claim with the insurance company due to a botched surgery, but they refused to pay the full value of his claim. Our attorney filed a lawsuit and collected insurance policy limits of $100,000 for the client.

A client was severely injured after he was run over by a commercial tractor trailer while riding a motorized scooter. The insurance company for the opposing party originally denied liability. Our attorney filed a lawsuit and recovered over $1.8 million for the client.

A client’s husband died on a work related business trip. The client was left a widow with a minor child. Workers’ compensation benefits for the family of the deceased were originally denied. Our attorney filed a lawsuit to seek compensation for the family. After trial, the judge awarded lifetime payment of monetary benefits to the family of the deceased.

A client purchased a new truck in December 2016 and noticed a thumping noise over the left rear tire when going over rough terrain. After several repair attempts, the dealership advised client they were unable to correct the problem even after contacting their corporate office. Our attorney wrote a demand letter to the dealer and assisted the client in completing a Lemon Law claim on the truck. In response to our demand, the truck was repurchased by the manufacturer, and the client was reimbursed an additional $1,125.96. The total recovery for the client was $47,784.37.