A statute of limitations is a deadline for filing a lawsuit. For car accident claims in Georgia, the statute of limitations is generally two years from the date of the accident. However, the deadline may be extended if the injured person was under 18 or incompetent. In addition, claims against governmental injuries may require notices within six months after the accident.
Statutes of limitations can be confusing and difficult to apply. There are different deadlines for different types of claims, and there are exceptions to the general rules. The best way to stay on top of the statute of limitations for your accident claim is to talk to a car accident lawyer.
What specific statutes of limitations should I know about?
Depending on your situation, it can be hard to tell when the statute of limitations begins and ends. Here are some common situations:
- In most cases, the statute of limitations for a personal injury claim is two years from the date of the injury.
- If a victim is a minor or is mentally incompetent, the two-year period does not begin until the person becomes competent or reaches age 18.
- If the injury happened during commission of a crime such as a violation of traffic laws, the statute of limitations is delayed, or “tolled” until the traffic case has been resolved.
- In a wrongful death claim the statute of limitations is usually two years from the date of death.
- A worker’s compensation claim must be filed within 1 year of the date of the injury.
- Special notices must be given before you file a claim against a government entity. For example, notices of claims against a city in Georgia must be filed within six months, and notices of claims against a county must be filed within 12 months.
It’s important to understand that these are only general guidelines and examples. The actual law is much more complicated, and it is important to get advice from car accident attorneys around Atlanta, Georgia before you make any assumptions about the statute of limitations in your case.
What happens if I file a claim or lawsuit after the statute of limitations expires?
If you file a lawsuit after the statute has expired, the judge will almost certainly dismiss your case and you will be unable to recover money for your injuries. Likewise, an insurance company will not pay you any money.
Because the consequences are so serious, we urge you to talk to a car accident lawyer as soon as possible after your accident. The sooner you get a lawyer working on your case, the sooner you can recover money – and the less you will have to worry about the statute of limitations.
Talk to an Atlanta Car Accident Lawyer for Free
Our lawyers have decades of experience getting money for accident victims. We don’t expect any payment unless we win you money. Let us give you a free consultation to explain the statute of limitations that applies to your claim and answer any questions you have. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
