Go to navigation Go to content
Toll-Free: (888) 927-6955
Phone: (770) 487-8999
Law Offices of Shane Smith

Contact Us

Get help now! Please fill out the quick contact form below for a fast and free case consultation. We will contact you within 24 hours!

Georgia Auto Accident Statute of Limitations


Blog Category:
11/25/2014
Comments (0)

A report by the National Highway Traffic Safety Administration (NHTSA) estimated that 25,580 people died and many more were injured in 2012 auto accidents from January through September. Being prepared before an accident can enable a victim to obtain all the necessary information that will be helpful to their case.

Consulting a Clayton County attorney after an auto accident enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident you should discuss your case with an accident attorney at the Law Offices of Shane Smith.

Georgia auto accident victims must file a claim within two years. There are several exceptions to this rule, such as accidents involving minors and mentally challenged victims (exceptions that involve an estate filing the claim on behalf of the victim). An exception also exists if there has been a wrongful death and the victim's estate does not have an appointed administrator; in this case, Georgia allows a "tolling" five-year period before the regular two-year time limit goes into effect.

Georgia has seen a sweeping change in auto injury law since a 2009 decision. The Georgia Supreme Court case Beneke v. Parker redefined the method for calculating the expiration of the statute of limitations in auto and truck accident cases. Following the decision, in cases where a driver has received a traffic citation, the two-year statute of limitations does not begin to run until the prosecution of the citation has become final. Before Beneke, the statute of limitations was strictly two years from the date of the incident. O.C.G.A § 9-3-3. 

If you or someone you know has been hurt in an auto accident, meet with a Clayton County auto accident lawyer at the Law Offices of Shane Smith. We can obtain the relevant evidence including police reports.



Category: Auto Accidents


There are no comments.

Post a comment

Post a Comment to "Georgia Auto Accident Statute of Limitations"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Message:*

Notify me of follow-up comments via email.