Legal Question in Personal Injury in Georgia

statute of limitaion for minors

I am 19yrs. old. I was injured in an auto/premises liability when I was 16. (may 2000) I know the statute 'expires' 2 years after, but i was told that in my case it means 2 yrs. after my 18th birthday. Is this so and where 'on the books' can i find this (i.e. ga code)

I have to show im within the statute to 'find' my missing witness via subpoena, right?

Asked on 6/23/03, 8:48 pm

3 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.
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Re: statute of limitaion for minors

Your status of minority at the time of your injury is, within the meaning of the law, a disability which prevents the statute of limitations running until the disability is removed. In your case, upon attaining the age of 18, your disability was removed and the statute began to run and will expire upon the second anniversary of your 18th birthday. The applicable code sections are 9-3-33 and 9-3-90 of the Official Code of Georgia. I do not agree with your assumptions that you have to show you are within the statute to secure a subpoena. I further do not agree that you can find a missing witness by way of subpoena.

Your claim is an auto/premises liability matter according to the question submitted. It is a very odd combination, but I highly recommend that you consult with an attorney experienced in both areas to sort through the issues and assist you in making the claim. How the claim is characterized, may well have substantial implications as to how it is pursued. I am available to discuss this matter further, if you wish, on a no obligation basis and if handled by this office it will be done on a contingency fee basis. This means unless and until the case is settled or judgment is paid and in either case the money is actually received, no fee has been earned.

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Answered on 6/24/03, 9:36 am
Charles W. Field Charles W. Field, Attorney at Law
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Re: statute of limitaion for minors

The two year statute of limitations did not begin to run until you turned 18. You can check out GA code sections at http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1

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Answered on 6/24/03, 11:22 am
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP
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Re: statute of limitaion for minors

In Georgia, the statute of limitation for a personal injury to a person under 18 years of age (other than those arising from medical malpractice) expires two years from the 18th birthday, in effect the 20th birthday. Please contact me if you have further questions.

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Answered on 6/30/03, 1:31 pm

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