Q: Time limit to file a wrongful incarceration lawsuit in Georgia after release.
I was wrongly incarcerated, and my case was dismissed and restricted from my record. I was released on July 20, 2024. How long do I have to file a lawsuit for wrongful incarceration if I want to do so in Georgia?
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A:
In Georgia, most personal injury claims, including those related to wrongful incarceration, have a two-year statute of limitations from the date of the injury or incident. This means you would typically have until July 20, 2026 to file your lawsuit.
The clock usually starts running from the date of release, which in your case was July 20, 2024. However, there are some factors that might affect this timeline in your specific situation. For instance, there can be "tolling" provisions that extend the standard two-year limit under certain circumstances. These might include cases involving fraud, mental incapacity, or situations where the harm couldn't have been reasonably discovered within the normal timeframe.
It's worth noting that claims involving government agencies may have additional deadlines that could affect your case. Wrongful incarceration cases can be complex because they might involve both state and federal claims, each with their own procedural requirements. Given the complexity of your situation and the importance of filing within the correct timeframe, consulting with a lawyer who handles civil rights and wrongful incarceration cases would be your best next step. They can review the specific details of your situation and help ensure you don't miss any critical deadlines that could prevent you from seeking justice.
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