What is the statute of limitations for car accidents in Georgia? The statute of limitations for most car accidents in Georgia is two years from the date of the accident.
With the help of a Charlotte car accident lawyer, you are more likely to settle your case in less time without having to go to court.
Why The Statute of Limitations Is an Important Law
As you noted, victims of car accidents have the right to seek legal action to recover damages under state law. However, they must act within the allowed time to ensure that the at-fault party can move forward. If you decide 10 years from now that you should have filed a lawsuit against someone, it can be seen as unfair, especially when evidence is lacking.
At the same time, waiting for two years to take legal action puts your claim at risk. Evidence becomes hard to find, and witnesses may not be available. For that reason, you also do not want to wait as long as you can to seek legal action.
The best course of action is to act without delay and speak to an attorney. Your Charlotte personal injury lawyer will minimize the risk that you file too soon and do not claim all of your losses while also working to meet the state’s requirements for the statute of limitations.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Georgia’s Statute of Limitations Law
The statute of limitations in Georgia is governed by O.C.G.A. § 9-3-33. This law is closely followed. It requires victims to file a claim within two years of the accident. Otherwise, they cannot pursue legal action. The court will not hear a case that is beyond this statute of limitations in most situations.
This limitation is important for you to know, but it should not encourage you to rush into a decision. When you file a claim for losses, this typically will be through the insurance company of the at-fault party, which will then decide to settle or deny it. Most car accident cases in Georgia settle out of court. That means you could settle your case long before that statute of limitations expires.
However, if the insurance company fails to approve your claim for compensation or you cannot come to an agreement on its value, your Georgia car accident lawyer is likely to encourage you to seek legal action against those at fault. This will include filing a lawsuit within the two-year timeframe so the court can decide whether you should recover damages.
There Are Exceptions to the Two-Year Statute of Limitations
The statute of limitations for car accidents in Georgia is two years from the date of the incident in most cases. Please consider the limitations on that date if they apply to your situation. Your Georgia car accident lawyer will help you navigate those rights.
It is not uncommon for victims to believe they cannot take action because it has been too long. They may believe they cannot pursue legal action because the case would take too long to prepare, and the statute of limitations is a factor. However, there are numerous reasons that your attorney may be able to encourage the court to hear your case.
Remember that you should not assume any of these exceptions to the statute of limitations applies to your case, but instead contact your attorney as soon as possible. You can request a free consultation to go over any of these exceptions and how they apply to your situation. Common exceptions include:
Minors Injured in a Car Accident
If a person is hurt in a car accident and they are under the age of 18, the statute of limitations is tolled until the child turns 18. As long as the family members did not seek compensation on the child’s behalf, the child can then take action within two years of their 18th birthday. This gives a minor more time to exercise their legal rights to seek compensation for their losses.
Mental Incapacity in a Car Accident
Victims of a car accident may suffer significant mental incapacity or limitations, such as being in a coma. When this happens, the court may pause the statute of limitations until they are better able to make decisions for themselves, or appoint someone to make those decisions. That may be applicable in situations where a person is unlikely to improve enough to make their own legal decisions.
The Defendant Leaves the State
In some situations, the court may amend the statute of limitations to give you more time to file a lawsuit against the at-fault party if they fled the state and you have been unable to serve them. The court may pause the statute of limitations long enough to seek action after the individual returns or becomes legally reachable.
Government-Related Car Accidents
One of the most important exceptions to the two-year rule concerns car accidents caused by government employees. In these situations, you have much less time to act, typically just six months for the city or county government. If the claim is against the state of Georgia, you have just one year to act.
If you fail to take action and notify them of the claim for losses before that, they will not pay you.
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Contact Our Georgia Car Accident Lawyer for Immediate Help
Turn to Shane Smith Law today to learn what your rights are after a car accident and how we can help you understand the Georgia statute of limitations.
Schedule a free consultation to discuss your case with us today and learn how we can build a strong claim for your future. Do not settle your case without our legal guidance.
Call or text (980) 246-2656 or complete a Free Case Evaluation form
