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 guidelines for filing a potential court case. In the state of Georgia the “statute of limitations” refers to the time period for filing a lawsuit after a car accident. There are two types of claims after a car accident with an at-fault driver:
These deadlines for filing a lawsuit vary from state to state. The Georgia time frame falls in line with about half of the other states – the rest ranging from one to six years.
Filing a Personal Injury Claim After a Car Accident
The Georgia Code section 9-3-33 says, “Actions for injuries to the person shall be brought within two years after the right of action accrues.” More simply, if you are injured in a car accident, then you have two years to file a lawsuit in Georgia.
Filing a Property Damage Claim After a Car Accident
But, if you want to file a lawsuit over vehicle damage, the time period in the state of Georgia (according to Code section 9-3-31) is up to four years. If you wait and attempt to file a claim after the statute of limitations has ended, the courts almost always dismiss the case. Also remember, the clock starts running on the date of the car accident.
Exceptions for Filing a Lawsuit in Georgia
There are always exceptions to the rule. The state of Georgia sets different deadlines for accidents involving the following:
- Filing a workers’ compensations claim instead of a personal injury claim (the deadline is much shorter in this case)
- An injury victim who is under the age of 18 at the time of the accident has until the age of 20 to file a personal injury claim
- Shorter period of time if your accident involves a city, state or county vehicle
- Separate process if your claim involves a federal government vehicle
- Claims against the government and its employees have a shorter deadline period
Unofficial Deadlines
If you have been involved in a car accident in the state of Georgia, it’s important to report the accident to the police. In fact, in some cases such as injury or death, it’s required to report the accident immediately to law enforcement. It is also important to call your insurance company within 24 hours. This is necessary whether you are at-fault or not. Finally, promptly seeking medical attention is encouraged. If your injuries are minor, it’s still recommended to see a doctor within a week of the accident.
Deciding to take legal action after a car accident is not always necessary. But, if you have questions about filing a lawsuit and the time period, speaking to an attorney can be helpful. Investigation and negations for personal injury and property damage claims take time, so don’t wait.
Contact HS Law
The personal injury attorneys at HS Law have experience with the time period for filing a lawsuit in Georgia after a car accident. They’ve handled thousands of personal injury cases and helped victims recover damages. The consultation calls are absolutely free.
