In Georgia, you have two years from the date of your injury in which to file your car accident claim. This is called the statute of limitations. If your case is not filed within those two years, it is no longer valid; however, there are situations that would warrant an extension, allowing you to file after the two-year date. You should seek an Atlanta car accident attorney as soon as possible to evaluate your case and determine what legal options you have.
The first type of extension is due to Georgia’s “discovery rule.” Many injuries may not be immediately apparent after an accident; they could take months or even years to develop or mature to the point where the victim notices them. This is where the discovery rule comes into play. By this rule, if you discovered your injury after the two-year mark, or if your injury could not have reasonably been discovered in two years, you may have an additional period of time with which to file your claim.
The second extension type, called “tolling,” could lengthen the amount of time you can file your claim in the event the victim is incapacitated, underage, or undergoing bankruptcy. Unfortunately, the discovery rule and tolling are not cut-and-dry rules that may be applied in any situation.
If you’ve exceeded the statute of limitations, your best bet is to enlist the help of an Atlanta car accident attorney. With legal counsel on your side, it can be determined how the statute of limitations affects your particular case.
Planning to file a car accident claim? Read our free eBook, “10 Mistakes that can Ruin your Georgia Wreck Case,” and call (980) 246-2656 to discuss your case with an attorney at Shane Smith Law today.