Legal Question in Personal Injury in Georgia

Re: Statue of limitation and libility responsibility

I have read this question 3 times and I cannot determine whether you were involved in this accident or not. Georgia has a 2 year statute of limitations (S/L). So, to determine whether the S/L has run, we would need to know the DATE of the incident. It would appear that Georiga has jurisdiction, but if North Carolina does, the S/L is slightly different in NC (if I recall correctly). In NC the S/L is: "In North Carolina, a personal injury lawsuit ordinarily must be filed within three years of the negligence that caused the injury. If a person dies from an injury, the lawsuit must be filed within two years of death if that death was caused by negligence." You (or your friend) may be at or out of time. If you would like to discuss this matter further, you may call Hugh Wood or Dwight Meredith at 404-633-4100 Extension 5 or Extension 4.

Re: Statue of limitation and libility responsibility

The statute of limitation for personal injury and wrongful death in Georgia is two years. Suit must be filed by the second anniversary of the injury or death. There are some limited circumstances for "tolling" the limitation period. I would be glad to discuss with you. Phone 404.364.1999.

Re: Statue of limitation and libility responsibility

First,let me say how sorry I am to hear about this horrible event.Although your

question as written seems to say that fully two years has passed since the incident the exact date of the incident was not given.Georgia has a two year statute of limitations (although there are ways around it sometimes).You need to act quickly.Call me at (770)427-8468 ASAP and I'll try to help you. Ron Lowry

Re: Statue of limitation and libility responsibility

OK,I'll weigh in too. The other writer is correct that the NC Statute of Limitations is 3 years for personal injury, 2 years for wrongful death. Georgia law probably controls the liability and damages issues. Assuming the suit were filed in Georgia, the Georgia Statute of Limitations rules would probalby apply. If you could file in NC, then there's a reasonable chance that the NC statute of limitations would apply, on the notion that this is "procedural," but I have not researched this. (This is a "choice of law" issue.) Whether you could file in NC would depend primarily on whether there is any jurisdiction over the Defendant in NC, which there very well may not be. An interesting issue is raised, however, if you have "uninsured" motorist coverage, and whether that uninsured motorist carrier would be subject to suit in NC.