Guardian Accident & Injury Lawyers | September 12, 2024 | Car Accident
If you get into a car accident that wasn’t your fault, you are likely entitled to compensation from the responsible party. You can file a claim for your economic damages, such as your medical bills, as well as your non-economic damages, like pain and suffering.
Most often, this entails filing an insurance claim against their liability policy. Georgia is an “at-fault” state, so drivers must carry this type of coverage.
However, in some cases, you may need to file a personal injury lawsuit for compensation instead. In either event, you don’t have an unlimited amount of time to do so. Read on to learn about how long you have to file a car accident claim in Georgia.
What Is a Statute of Limitations?
A statute of limitations is a law that sets time limits for filing lawsuits. States vary on exactly how these statutes work in many ways, such as how the law itself is laid out, what the time limits are, and more. Different kinds of cases can have different deadlines as well.
The purpose of having a statute of limitations is to make sure legal claims are filed appropriately and fairly. Evidence tends to fade with time, which can affect the process for both plaintiffs (injured victims in personal injury cases) and defendants ( potentially at-fault parties). When claims are filed promptly, they can be evaluated and decided most effectively.
What Is the Georgia Statute of Limitations for Car Accident Claims?
On the low end, a state like Tennessee generally has a one-year statute of limitations for personal injury cases. Missouri is an example of a state with a relatively long timeframe of five years. Overall, a statute of limitations of either two or three years is most common.
Georgia is one of these states. Based on GA Code § 9-3-33, the time limit in Georgia is usually two years from the date of your accident. However, there are many exceptions to this general rule.
Exceptions include:
- Certain kinds of cases, such as property damage claims (these have a four-year time limit)
- Cases where you need to file a claim against the government
- Certain types of cases where you did not discover your injury until after the fact
- Cases involving injuries to a minor under the age of 18
- Situations where the opposing party has fled the state to avoid a lawsuit
There are many more exceptions to the two-year time limit than are mentioned here. You should contact an attorney as soon as you can after your accident to ensure you have the correct time frame in mind.
Further, although this statute of limitations pertains to lawsuits, it also impacts insurance claims. You must completely finalize your settlement agreement before the statute of limitations expires (or file a lawsuit). Otherwise, you could lose your right to compensation altogether.
Contact the Sandy Springs Car Accident Lawyers at Guardian Accident & Injury Lawyers Today
Being injured in a car accident is a traumatic experience. In a state like Georgia, you may have multiple legal options for securing compensation from the responsible party. This includes filing a third-party insurance claim or personal injury lawsuit against them.
In either event, it is critical that you take legal action on time. Most car accident lawyers offer free consultations to review your case and offer legal advice. In addition, they generally work for a contingency fee. That means you don’t pay attorney’s fees unless you win compensation.
If you were involved in an accident that was someone else’s fault, you could be entitled to financial compensation. Payment for your damages will often come in the form of a settlement. A Sandy Springs personal injury lawyer can guide you through the settlement process from the start of your claim to the day you receive your settlement check.
For more information, please contact an experienced personal injury lawyer at Guardian Accident & Injury Lawyers to schedule a free initial consultation today.
We proudly serve Sandy Springs in Fulton County and Clayton County, GA, and its surrounding areas:
Guardian Accident & Injury Lawyers – Sandy Springs
200 Sandy Springs Place NE, Atlanta, GA 30328
Open 24 Hours
(404) 255-9000