Can I be compensated for pain and suffering?
What is the Personal Injury Statute of Limitations?
Can I be compensated for pain and suffering ?
Many people realize monetary awards to accident victims pay doctor and hospital bills, repair damaged property, and replace loss of income, but can you be compensated for pain and suffering?
Yes, you can. Pain and suffering damages can be awarded to individuals suffering from discomfort, disfigurement, embarrassment, humiliation, or not being able to enjoy the simple pleasures of life. But unlike a hospital or auto repair bill, none of these conditions has a specific dollar amount attached to it. Nevertheless, individuals can and should be compensated.
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What is the Personal Injury Statute of Limitations?
Most people know the term from TV courtroom shows. But what does it really mean?
It's common to read of legal cases being settled years after the event, especially personal injury and medical malpractice cases. Maybe that's why many people believe these lawsuits can be filed at any time. That is simply not true. Though there are exceptions and these laws vary from state to state, in Georgia, personal injury and medical malpractice suits must be filed within two years of the incident. This is because access to the justice system is provided only to those who act promptly. In other words, wrongs and rights should be judged when evidence is fresh and at hand. That's why if you or someone you know suffers serious injury due to an accident, improper medical care or a product defect, it's important to seek counsel promptly - even if you think you've waited too long.
Statutes of Limitation - Minors Tolling Statute
With few exceptions in Georgia, adults must file personal injury law suits within two years of an accident. But where a child is the victim, the law extends the time for filing until the age of 18.
Often, because of a parent's sense of helplessness, or the hope a child's injury will improve, the parents make no claim, and later think they've waited too long.
So, where a two-year statute of limitations might otherwise apply, a claim involving children may be filed up to two years after they've reached eighteen. Though this law provides more time than before, it is still important to act early and consult a personal injury attorney in order to secure your child's rights.
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Don't Delay Filing a Suit
Statutes of Limitations for filing personal injury lawsuits are typically two years. But there are other good reasons for acting promptly.
First, the circumstances surrounding the incident will be fresh in the minds of any witnesses. When legal action is delayed, witnesses may forget important details, or worse, move and never be found. It's also important for a lawyer to accurately record the recollections of those involved.
Lawyers can also make sure the proper documents are filed to protect your rights and that you do not sign anything that may limit your ability to obtain money damages in a suit or settlement. In addition, your attorney can counsel you concerning the many problems, which can arise following accidents and injuries.
If you suffer a serious personal injury, look for legal counsel promptly to ensure your right to money damages.
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