What is the Statute of Limitations for an Accident in GA?

Sustaining an injury in an accident is usually quite unexpected. While recovering from your injuries, there may be other things to worry about, such as getting your vehicle repaired or finding help around the house with the tasks you can't physically complete right now. However, during this time, it's also crucial that you contact a Suwanee personal injury attorney. Without the guidance of an attorney, you may make some mistakes in properly documenting your claim through appropriate medical treatment. Also, if your claim is not properly asserted to the insurance company through your counsel, you could lose your rights to seek compensation based on the statute of limitations for your case.

What is a Statute of Limitations?

Both state and federal courts have legal time limits for either filing a civil complaint or formal criminal charges. These time limits help ensure the integrity of evidence in a case and prevent parties from threatening lawsuits indefinitely. This law is called the "Statute of Limitations" and it varies depending on the type of civil claim asserted or criminal charge involved. Each state has the right to enact its own limits.

What is the Accident Statute of Limitations in Georgia?

Under Georgia law, there is a two-year Statute of Limitations for personal injury and medical malpractice claims. This means you have two years from the date of your injury to file a lawsuit if you are injured in any kind of accident or suffer any personal injury, such as:

In these cases, it's imperative to contact an experienced Suwanee personal injury lawyer as soon as possible. Your attorney will know the specific deadlines that apply to your case and work to ensure that no deadline is missed.

What if My Lawsuit Isn't Filed Within the Statute of Limitations?

If your lawsuit isn't filed within the legal deadline, you will most likely lose your right to pursue compensation for your claim. You can still file a lawsuit after the statute of limitations expires. However, since it has expired, the other party or their attorney will file a motion asking the court to dismiss your lawsuit on those grounds. Unless there is an exception, if you really did file the case after the applicable statute of limitations, the judge must dismiss your case at their request. At that point, you no longer have any legal recourse in pursuing your claim.

Contact a Skilled Suwanee Personal Injury Attorney Today

Two years from the date of your accident might sound like a long time when it comes to needing to file your personal injury claim. However, your Suwanee personal injury lawyer will need time to investigate your accident and injuries and attempt to settle your case out of court. The more time your attorney has to do this, the better. Also, if you are severely injured, it may take months or even years of medical treatment to get well. Therefore, it's best to reach out to an attorney as soon as possible after your accident.

At Banks, Stubbs & McFarland, you can speak to a skilled Suwanee personal injury lawyer for free with an initial consultation. Call us today at 770.887.1209 or use our online form.