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Statute of Limitations for a Georgia Medical Malpractice Claim
If you were injured because of a doctor's mistake or hospital's negligence, you have 2 years from the date of the act of medical negligence that resulted in your injury in which to file a Georgia medical malpractice claim. If you were unable to discover your injury during that time, the statute of limitations would be extended. For example, if a surgeon leaves a sponge or clamp inside your body, you would have 1 year from the date of discovery to file a claim. You would not be able to file a medical malpractice lawsuit more than 5 years from the date the medical error caused your injuries.
The Discovery Rule and Georgia Statute of Limitations
A Georgia statute of limitations is supposed to begin when an injury is suffered. For instance, if you are injured in a car accident in Georgia, the Georgia statute of limitations would begin at the time of the car accident.
However, it is not always possible for a person to immediately discover the cause of their injury. In some cases, a person may be injured and not even realize that an injury has occurred. Therefore, the Georgia statute of limitations is subject to the "discovery rule".
According to the discovery rule, the Georgia statute of limitations may begin from the date that an injury is "discovered", or reasonably should have been discovered. This rule does not apply to every Georgia statute of limitations, so to find out if it applies in your case, you should consult an experienced Georgia personal injury attorney.
How can a Georgia personal injury attorney help?
Your Georgia personal injury attorney will investigate the facts of your case to determine which statute of limitations applies and begin work to ensure that you meet your time limits for filing a claim. Your Georgia personal injury attorney will handle all of the paperwork, evidence collection, investigations, witness interviews and insurer negotiations while you focus on your recovery.
In a Georgia personal injury claim, you may be entitled to damages for your medical expenses, any pain that you suffered as a result of your injuries, and any wages that you may have lost.
Contact a Georgia Personal Injury Attorney
An accident in Georgia can have devastating consequences. As the victim of a Georgia accident, you have rights that the insurance companies cannot ignore. While they have a team of lawyers working on their side, shouldn't you have experienced legal representation fighting for your best interests? Before accepting any settlement offer, contact the Law Offices of Jason Schultz to schedule a FREE consultation - 404-474-0804.
Contact us today for a free, no obligation consultation about your personal injury legal needs.
Jason R. Schultz
525 Westpark Drive, Suite 120
Peachtree City, GA 30269
Phone: (404) 474-0804
Fax: (770) 692-3326
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