Common Defenses Used in a Personal Injury Claim: Filed Late

Filing a claim late is another defense that could be used. In Georgia, the statute of limitations for personal injury claims is two years from the date of the incident, or when an injury becomes known (though there may be some exceptions). This could prevent an injured person from recovering damages if he or she files too late.

A defendant might argue that the statute of limitations has passed because the claimant or plaintiff should have known of the injury more than two years prior. This requires presenting evidence that detection prior to two years ago is not a reasonable expectation which may require medical evidence and testimony.

Common Defenses Used in a Personal Injury Claim: Damages Unproven

To be successful in a personal injury claim, the plaintiff must be able to establish damages. Without experiencing loss, there’s no ability to be compensated. Claimants can avoid this by establishing the financial losses—such as medical bills and lost income—along with the physical and emotional losses—such as permanent disability and mental anguish.

Get help from Jason R. Schultz if a defendant or insurance company is trying to deny your personal injury claim in Atlanta. Call (404) 474-0804 to set up a consultation, or fill out our contact form.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.