How Long Do I Have to File a Lawsuit After a Car Accident in GA?
Following any type of motor vehicle accident in GA, if you have sustained serious injuries and/or damage to your vehicle, you need to explore all viable options to hold the negligent driver financially liable for your damages. If you are unable to settle claim with the at fault insurance company directly, it is also vital to note that you must file your car accident lawsuit within a specific time period known as the statute of limitations.
The statute of limitations sets the deadline on a plaintiff’s legal right to file a lawsuit against the liable party. This time limit varies based on the exact type of harm a person suffered and the type of case they want to file.
Statute of Limitations for Car Accidents in GA
Like most states, the statute of limitations for car accidents in Georgia is typically the same as the deadline that applies to common personal injury claims. Under the Georgia Code, actions or lawsuits for personal injuries must be brought no later than two years following the date of the injury. This basically means that following a car accident, the injured victim, whether they were a pedestrian, another driver, passenger, or another road user, should file a lawsuit against the at-fault party within two years. The time limit begins running on the car accident date. Note that there are shorter deadlines, usually 6 to 12 months, for providing an “anti-litem notice” to municipalities and other governmental entities.
If a death resulted from a motor vehicle accident, and the deceased’s family members want to file a wrongful death claim against the negligent party, the statute of limitations is likewise two years from the accident date. However, the deadline begins to run on the date the victim died, which might differ from the accident date. Additionally, if you are considering filing a claim to recover compensation for property damage, the statute of limitations is four years.
If You Miss The Statute of Limitations in GA
If you miss the deadline to file a negligence action against the at fault defendant, you need to contact a personal injury attorney right away to see if there is any exception which could toll the statute of limitations deadline. If you file injury case too late, you can bet that the defendant will file a motion to dismiss the case against them. If you fail to file your lawsuit on time, the Court will have no choice but to grant the dismissal. It is imperative to understand how the statute of limitations will apply to your specific case.
Discuss Your Case with an Experienced Cumming Car Accident Lawyer
Remember that you should give yourself adequate time to file your claim, even if you believe there’s a chance that you can resolve your claim via an auto insurance settlement. Moreover, keeping your options open will give you sufficient leverage during settlement discussions with the at-fault party’s insurance provider.
To find out how the statute of limitations applies to your car accident case, call our skilled Cumming car accident lawyers. Arrange your appointment here at Banks, Stubbs & McFarland LLP by calling 770-887-1209 or contacting us online.