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Auto Accident | Rest Haven Auto Accident Attorney | Georgia Auto Accident Statute of Limitations

Gwinnett County Auto Accident Victims Must File a Georgia Personal Injury Claim Within the Statute of Limitations to Preserve Their Legal Rights.

If you have been involved in a Georgia auto accident, it is imperative that you speak with a Gwinnett County auto accident attorney. The sooner you speak with a Rest Haven PI attorney after your auto accident in Georgia, the more likely you will be able to collect on the damages you are entitled to. There are very narrow exceptions including when an auto accident involves minors and those with mental incompetence, but according to O.C.G.A. § 9-3-31, the statute of limitations or time you have to file a Georgia personal injury claim is two years from the date of your Gwinnett County auto accident.

If you fail to speak with a Georgia auto accident attorney well before the statute of limitations expires, you may lose your ability to file a personal injury claim forever. Here are some other negative impacts you may suffer if you are beyond the statute of limitations:

  • No recovery for physical and emotional damages
  • No recovery for property damage claims
  • No ability to have your damages evaluated and compensated for future treatment

If you or a loved one has been injured in a Gwinnet County auto accident don’t hesitate to contact Shane Smith your experience Rest Haven PI attorney. Your Georgia auto accident circumstances will be evaluated to see where your circumstances lie in relation to the statute of limitations. Call (770) 487-8999 for your free legal consultation before it’s too late!

Recent changes, however, may extend the statute of limitations under certain circumstances. According to the court decision in Beneke v. Parker et al., if the at-fault party received a citation, the statute of limitation time period does not begin until the at-fault party’s citation is resolved in a court of law. However, there is still a total period of six years from the date of the Rest Haven auto accident, regardless of the time it takes the citation to be resolved and for the two years beyond the date of resolution.

While this may be considered a “legal loophole” by some personal injury lawyers, contact the Law Offices of Shane Smith as soon as you can after your Gwinnett County auto accident. The only way to make sure all of your legal rights is protected contact a Gwinnett County PI attorney to have your circumstances evaluated.


Shane Smith
Advocate for the Seriously Injured in Georgia