Although the law allows you to receive compensation for damages after an accident, it only allows you to file a lawsuit within a strict timeline. This is known as the statute of limitations. Once this deadline expires, you lose the right to file a lawsuit. Although this might feel wrong, it allows accident cases to be resolved while the evidence is fresh.
Consult an Atlanta car accident attorney to help you gather evidence, beat the deadline, and win compensation. The period allowed to file a lawsuit depends on the type of case and the country.
The Statute of Limitations For Car Accidents in Georgia
As discussed, the statutes of limitations set a deadline for the plaintiff to file their lawsuit depending on the type of offense and the case. However, car insurance claims are not included in these statutes. Insurance companies require the plaintiff to issue a notice within a short period, preferably in days.
In Georgia, the statute of limitations for most personal injury cases is almost the same. This includes car accident injury lawsuits. According to the Georgia Code, section 9-3-33, actions for injuries to the person shall be brought within two years after the right of action accrues, except for damages to the reputation, which shall be brought within one year after the right of action accrues. This means that after a car accident in Georgia, the plaintiff must file their claim within two years from the time the incident occurred.
If the car resulted in the death of an individual, the family must also file a wrongful death lawsuit within two years from the date of the victim’s death. In this case, the date of their death might be different from the accident.
Lawsuit for vehicle damage is more flexible as it allows plaintiffs to file their case within four years after the date of the accident. This is according to the Georgia Code section 9-3-31.
What if Time Has Elapsed?
The answer to this question is straightforward. If you file the lawsuit after two years have elapsed following vehicle damage, the defendant will quickly point it out and win the case.
That is why it is essential to understand the time limit for every offense and county. It is also recommended that you give yourself enough time instead of waiting until the deadline is close by. Work with an attorney to help you prepare your case within the time frame.
The option of bringing the lawsuit to another state that does not have limitations is only limited to situations where one party comes from outside Georgia. Otherwise, they are forced to stick to Georgia.
Work With an Atlanta Car Accident Attorney
Car accidents in Georgia and other countries are so common that they have become a public health issue. You could also be an unfortunate victim. If this happens, schedule an appointment with an expert from Ponton Law to discuss your case and begin the filing process. James:
- Has won a Rising Star in 2014 and was named Superlawyer in 2019
- Has won numerous cases and recovered millions of dollars
- Was a former company lawyer in Georgia