Articles Tagged with statute of limitations

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It is common practice following a Georgia car accident for the victim to negotiate a settlement with the negligent driver’s insurance company. Typically, the insurer agrees to settle for the policy limits in exchange for a “release of all claims” arising from the accident. Either party may also impose a deadline for the other to accept the terms of the settlement.

DeMarco v. State Farm Mutual Automobile Insurance Company

The Georgia Court of Appeals recently examined an unusual case involving the widow of a deceased accident victim who attempted to enforce a settlement agreement three years after the fact. The accident itself occurred 11 years ago, in July of 2007. The victim’s car was knocked by one vehicle into a third vehicle. The victim subsequently sued the owner and driver of the third vehicle for damages.

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Guardrail accidents have gained increasing public attention in recent years. A guardrail is supposed to help a vehicle absorb the impact of a collision, but in far too many cases, it is the guardrail that causes serious injury or death. As reported by ABC News in 2014, a University of Alabama study found that “a re-designed version of a widely used guardrail end terminal ‘placed motorists at a higher level of risk of both serious injury and fatality’ than the original version.”

Stopanio v. Leon’s Fence and Guardrail, LLC

More recently, the Georgia Court of Appeals addressed the potential legal liability of the state Department of Transportation and one of its private contractors for an allegedly defective guardrail. This tragic case began with a 2011 accident on I-75. The plaintiff was driving southbound on the highway through Valdosta. Traveling in front of the plaintiff was a second car containing her parents.

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There is always some time limit applicable to bringing a lawsuit. This is known as the “statute of limitations.” In Georgia, for example, the statute of limitations for personal injury claims is typically two years. In other words, if you are injured in a car accident on May 1, 2016, you have until May 1, 2018 to sue the negligent driver for damages. Even if you file just a couple of days after the statute of limitations expires, your case is barred as a matter of law.

Langley v. MP Spring Lake, LLC

While two years is the normal statute of limitations in Georgia, there may be situations in which a personal injury victim actually has less time to file a claim. Georgia courts have long recognized the rights of parties to “contract” away certain legal rights. According to a recent decision by the Georgia Court of Appeals, this includes the time frame to file a personal injury lawsuit.

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While personal injury cases arising from motor vehicle accidents tend to involve cars or trucks, it is important not to overlook other kinds of vehicles such as buses. For instance, the Atlanta Journal-Constitution reported last December that there were “more than 700 accidents” involving school buses in Metro Atlanta during 2016–a rate of nearly two per day. These accidents resulted in over 300 injuries to students and teachers.

Croy v. Whitfield County

Bus operators, including school districts and public transit agencies, can be held liable for damages when driver negligence leads to passenger injury. Personal injury lawsuits against public agencies in Georgia are often complicated by additional notification requirements. Since the State of Georgia and its political subdivisions are normally immune from personal injury claims, plaintiffs must strictly comply with these requirements just to have their cases heard.

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There is always some kind of deadline when it comes to a personal injury claim. For example, in product liability cases–i.e., a lawsuit against a manufacturer who produces a dangerous or defective item that injures someone–Georgia imposes a 10-year “statute of repose.” A statute of repose is similar to a statute of limitation. Both set a cut-off date for a plaintiff to bring his or her claim before the court.

Gaddy v. Terex Corporation

The 10-year statute of repose begins with the “first sale for use or consumption of the personal property” that allegedly caused the plaintiff’s injuries. So, let’s say you bought a car in 2008. You are later injured in an auto accident due to a defect in the car’s design. This means the statute of repose will expire in 2018.