We’ve all heard the saying “don’t make a federal case out of it.” That’s because, in order to file a civil case in federal court, there needs to be a federal question involved (like a civil rights claim, or federal civil racketeering, etc.) or the case must involve citizens of different states with damages in excess of $75,000. It is the burden of the plaintiff (the person filing the action) to prove this statutory minimum.

Other cases are filed in the state court system. The state court system is divided into state and superior courts, which have overlapping, although not identical, jurisdiction. Most claims for bodily injury can be brought in either state or superior court and should be filed in the county where at least one defendant resides.

The statute of limitations is the time within which a lawsuit must be filed. In Georgia, the statute of limitations for bodily injury cases is two years. After the case is filed, it must be served promptly on the defendants you are suing. But it is never a good idea to wait until the last minute to start exploring your claim.

For instance, in some circumstances, like when there is a governmental entity involved, there are anti-litem (before litigation) notices that are due within six months or 12 months of the injury, depending on the entity, and your claim may be barred even if you file within the two-year statute of limitations.

Also, in the case of medical malpractice actions in Georgia, the case must be filed with an affidavit of an expert knowledgeable in the same field of medicine as the subject of the case. Without that affidavit, the complaint will be considered insufficient under Georgia law and will be dismissed.

Other examples of statutes of limitations are: there is a one-year statute of limitations for defamation cases (libel and slander); there is a four-year statute of limitations for injuries to personalty, and there are several different statutes of limitations pertaining to actions for breach of contract the shortest being a four-year statute of limitations for breach of an oral contract, and then increasing if the contract is in writing (6 years) or is under seal (20 years). (Different statutes apply to actions for the breach of contract for the sale of goods and to negotiable instruments.)

But there are some notable exceptions to the rule. The statute of limitations can be “tolled” in certain circumstances. For instance, the statute of limitations is tolled in malpractice actions when a defendant intentionally conceals an act of professional negligence from a plaintiff, causing the plaintiff to be deterred from bringing a claim. It can also be tolled in the event of mental incompetence if the one claiming the disability suffered from such unsoundness of mind as to be incapable of managing the ordinary affairs of life.

Also, importantly, the statute of limitations in a birth injury case is two years for the parents’ claim for the injury to the child during his or her minority, but the child has until age 7 to have the claim brought in his or her own behalf.

There are many examples of exceptions to the statute of limitations; however, it is imperative to get a legal opinion about the statute of limitations as soon as possible in any case you plan to bring, since missing that deadline can be fatal to the case.

Cerebral palsy is an often misunderstood term. It applies to a number of different conditions caused by a number of different medical situations, but all of which cause motor deficits due to an interruption in the connection between the brain and the nervous system and musculature of the body. Birth injury is one of those causes. Birth injury occurs when the fetus suffers a lack of sufficient oxygenated blood or blood flow to brain tissue during labor and delivery. Warning signs of impending injury are apparent on the fetal heart rate tracing. Health care providers who heed the warning signs can prevent injury by changing the plan of care to ensure timely delivery, while those who ignore the signs will allow the problem to progress to a point of no return. Birth injury can lead to cerebral palsy, but the injury may be restricted to cognitive impairment that does not include the motor deficits of what we think of as cerebral palsy. Newborn depression, low APGARS, intensive care, and brain radiology studies are the kind of complications often, but not always, associated with a birth injury.