An overview car accident statute of limitations in Georgia
Georgia is an at-fault state. Following a car accident caused by someone’s negligence, you have the scope to file a personal injury lawsuit. However, there is a strict deadline for that, as allowed by the state’s statute of limitations. The statute of limitations can vary between states. Your first step among other things should be about contacting an Atlanta personal injury attorney, who can guide on your rights, besides helping in establishing fault and liability. In this post, we are sharing an overview of the car accident statute of limitations in Georgia, along with things you need to know.
The basics
The statute of limitations basically sets the deadline for the victims of car accidents to file a personal injury lawsuit. However, this deadline is not applicable for insurance claims. You must notify your insurer and file a claim with the at-fault party’s insurer within a reasonable time. In Georgia, the statute of limitations remains the same for all personal injury cases, including car accidents. You have two years to file a personal injury lawsuit after the car accident. In case the accident resulted in someone’s death, the immediate family can file a wrongful death lawsuit, within two years from the date of death. If you are just seeking compensation for vehicle damage, you have four years for that, after the date of accident.
What if the deadline has passed?
If you file a lawsuit after the deadline has passed, the court will most likely dismiss your case. There are very rare circumstances, when such lawsuits are accepted, after the allowed time of two years has passed.
Do you need an attorney?
While two years may seem like a long time, actual circumstances can be different. The negotiations and discussions with the claims adjuster may take time. If you hire a personal injury lawyer, they will work on the case, keeping all circumstances in mind. They will prep the case for a trial, if need be, so that every possible option can be considered within the available time. Personal injury attorneys are critical for car accident lawsuits, especially because such cases are inherently complex at times.
Final word
Don’t wait for the last minute to take legal action. The statute of limitations in Georgia doesn’t offer a very long time to file a lawsuit, and you must act immediately, so that there is enough evidence. Check online now to find more on personal injury attorneys in your area.