Statutes of limitations are laws that specify the time restrictions for filing a lawsuit. These legal time restrictions vary by state, but they normally begin when a claim arises, such as the day of a car accident or when a crime is committed. However, after the time limit has passed, the ability to sue and collect damages is eternally lost. Atlanta personal injury lawyer will help you explore every element of your case as quickly as possible to guarantee that no claims are lost due to a lack of action.
After a certain amount of time has passed, the purpose of a statute of limitations is to protect customers from fraudulent allegations. The statute of limitations for personal injury cases in the state of Atlanta is generally two years from the date the damage occurred. An experienced personal injury attorney in Atlanta will work with you to determine the appropriate statute of limitations for your particular case.
Let’s dive into the topic to learn as much as we can about the statute of limitations in Atlanta;
The criminal statute of limitations in Atlanta
In criminal law, the statute of limitations determines how long the state has to pursue charges against the client to bring a case to trial. If you are accused of felony theft, for example, the state has four years from the date of the crime to charge you. Owing to the statute of limitations, if the state brings a charge 5 years after the incident, you may be able to have the case withdrawn due to the fact that it is too late.
There are also some sorts of crimes in Atlanta with no statute of limitations, and this means that charges for certain offenses can be filed at any time. Below we have discussed some of the criminal statutes of limitations in Atlanta.
- For murder cases, there is no time restriction.
- Forcible rape cases must be reported within 15 years.
- Crimes that are sentenced to death or life imprisonment must be prosecuted within 7 years.
- Other felonies must be investigated within four years. Additionally, if the sufferer is a minor, the sentence restriction is reduced to seven years.
Such as traffic offenses or disorderly conduct. These cases must be complained about within two years.
Crimes Committed Against Children
- If no time restriction is stated, crimes against children must be launched within 7 years of the crime.
- When the victim of a crime such as rape or child molestation is under the age of 16, the time restriction begins when the victim becomes 16 or when the violation is reported, whichever comes first.
Acts During Which No Statute Is In Effect
- When you are not a resident of Atlanta.
- Your true identity remains unknown.
- The crime remains unsolved.
- You are a government officer or employee accused of theft by conversion of a property while in that capacity.
- You are a guardian or trustee accused of theft by conversion of your ward’s or beneficiary’s property.
The business law of statute of limitation in Atlanta
In business law, there may be times when a company or professional must file a lawsuit against a person or other entity. Statutes of limitations apply, as they do in most areas of law.
The specific statute of limitations for business law, and lawsuits varies according to the kind of claim filed. Here is a summary of Atlanta business law statutes of limitations;
- One year for libel and slander
- One year’s worth of liens
- Two years for fraud
- Four years of property damage
- Four years for breaking of oral contract
- Breach of a written contract, including debt non-payment: six years
- Seven years for judgement enforcement
Personal injury statute of limitation in Atlanta
Personal injury legislation allows injured parties to get compensation for their losses. However, the more time I spend, the more difficult it becomes. To avoid this, courts encourage victims in personal injury lawsuits, such as automobile accident claims, to file their cases as soon as possible following the accident.
The statute of limitations for most personal injury claims, including wrongful death, is normally two years in Atlanta. These statutes of limitations generally begin from the date of the accident, injury, or death. In medical malpractice instances involving a missed diagnosis, the time restriction to file a claim may begin from the day the condition was discovered. The patient had no other method of learning about the problem previously.
Because different sorts of claims have different statutes of limitations, it is vital, to begin with, legal action as quickly as possible after being injured. If you or a loved one has been harmed due to another person’s carelessness or misconduct. Learn how an Atlanta personal injury lawyer can help you assess if you have a viable claim. The legal team and staff will give sympathetic and skilled assistance throughout the legal procedure.