In a recent Georgia personal injury case before the state’s appeals court, the plaintiff was injured in a motor vehicle accident as a man was fleeing from the police. The plaintiff subsequently filed a claim against the Georgia Department of Public Safety (the State), and the State moved to dismiss the complaint because it claimed the plaintiff failed to serve the State with a proper ante litem notice within one year of the crash.
The plaintiff claimed that the statute of limitations should have been tolled while the criminal case against the man who was fleeing from the police was pending. The State argued that the statute of limitations should not be tolled in this case, because the mandate under OCGA § 50-21-26 (a) is a notice requirement rather than a statute of limitations.
The Statute of Limitations
The statute of limitations refers to the time during which a legal action must be filed. The applicable statute of limitations varies depending on the type of the claim and where it is filed. If a case is filed after the applicable statute of limitations has expired, the case will likely be dismissed, and a plaintiff will be precluded from recovering for their injuries.