The aftermath of a car accident can be overwhelming. Besides healing from injuries and emotional stress, you have to deal with car repairs, insurance deadlines, and the legal process. You may wonder, “How long after a car accident do I have to sue?”
The statute of limitations sets a time limit for a lawsuit after a car accident in Georgia. The deadline for filing a personal injury lawsuit is generally two years after the accident. While this may seem like a long time, you should contact a skilled Georgia car accident lawyer as soon as possible to prepare a strong case.
Keep reading to learn more about the time limits for a lawsuit after a car accident.
The Statute of Limitations for Personal Injury Lawsuits in Georgia
Under Georgia Code section 9-3-33, the statute of limitations for personal injury lawsuits is two years. This means you have two years from the day of the accident to file a personal injury case in Georgia. If you don’t file a lawsuit before the deadline, the court may dismiss your case. Once the statute of limitations expires, you lose the right to pursue compensation.
The clock starts ticking from the day of the accident. However, there are exceptions and nuances to the two-year deadline.
Statute of Limitations for Property Damage Claims
The time limit for property damages claims in Georgia is four years (Georgia Code section 9-3-31). If you’re seeking compensation for damage to your vehicle or other property, you have four years from the accident to file a lawsuit.
This extended timeframe can be beneficial if you’re dealing with complex repair issues or disputes with insurance companies over the value of your damaged property.
Exceptions to the Time Limit for a Lawsuit After a Car Accident
There are exceptions to the standard time limits for a lawsuit after a car accident.
Minors
If the injured party is a minor (under 18 years old) at the time of the accident, the statute of limitations doesn’t begin until they turn 18. A minor injured in a car accident would have until their 20th birthday to file a lawsuit.
Mental Disability or Incapacity
Suppose an accident victim is mentally incapacitated because of a disability or a coma. In this situation, the statute of limitations may be paused until they become competent to take legal action.
Wrongful Death
If a car accident causes someone’s death, the deadline for filing a wrongful death claim is two years. The clock starts from the date of death rather than the accident date.
Defendant Leaves the State
If the negligent driver leaves Georgia after the accident, the statute of limitations may be paused until they return to the state. This prevents the defendant from escaping liability by fleeing the state.
Criminal Cases
Criminal charges against the at-fault driver, such as a DUI, can impact the time limit for a lawsuit after a car accident. While a criminal case is pending, the clock on your two-year deadline to file a civil lawsuit stops running. This pause can last for up to 6 years or until the criminal prosecution is finished, whichever comes first.
Traffic Tickets
Traffic tickets can also affect the timing of a personal injury lawsuit in Georgia. If the other driver is issued a traffic citation related to the accident, the statute of limitations is paused until the traffic case is resolved.
Government Entities
If your accident involved a government vehicle or employee, different rules apply. Claims against government entities often have shorter notice periods and statutes of limitations. For instance, claims against the state of Georgia must be filed within one year, and claims against counties typically require notice within 12 months.
The Importance of Acting Quickly
While these time limits might seem generous, it’s crucial to act quickly after a car accident.
Investigation and Preserving Evidence
As time passes, critical evidence can disappear or become less reliable. Witnesses’ memories fade, physical evidence at the accident scene may be altered or removed, and surveillance footage might be deleted.
It takes time to gather evidence, obtain medical documentation, and build a strong case. It’s crucial to take photos and videos at the accident scene and contact a lawyer as soon as possible.
Insurance Company Delay Tactics
Insurance companies often use delay tactics to their advantage. The longer you wait to file a claim, the more opportunity they have to build a case against you or minimize your compensation.
Sometimes, the insurance company won’t offer enough to fully cover your injuries, and you might not want to accept their settlement. If you wait too long to file your claim, you might run out of time to file a lawsuit while you’re still trying to reach a settlement with the insurance company.
You should start the car accident claims process right away, so you have enough time to go to court if you need to.
How Our Georgia Car Accident Lawyers Can Help You
Navigating the legal system can be complex, especially when you’re dealing with injuries and the stress of an accident. An experienced car accident attorney can provide invaluable assistance.
At Horst Shewmaker, we handle the intricate details of your case, including:
- Accurately calculating your damages, including pain and suffering
- Filing all necessary paperwork within the required timeframes
- Negotiating with insurance companies to reach a fair settlement
- Preparing your case for trial if a settlement cannot be reached
- Advising you on the best course of action throughout the legal process
Contact Us Today for a Free Case Review
The aftermath of a car accident can be overwhelming, but it’s crucial not to let time slip away. The two-year statute of limitations in Georgia may seem like a long time, but building a strong case and navigating the legal system takes time and experience.
If you’ve been involved in a car accident in Georgia, don’t wait to seek legal advice. At Horst Shewmaker, we’re committed to helping our clients understand their rights, meet all necessary deadlines, and pursue the compensation they deserve. Remember, time is of the essence in these cases.
Don’t let the clock run out on your case. Contact our law firm today for a free case review.
