The law in Georgia places a deadline on how long victims have to take legal action following an accident. This deadline is known as the “statute of limitations.” If you wait too long to file your lawsuit, the court will likely dismiss your case, and you won’t be able to recover compensation.
The car accident statute of limitations in Georgia is generally two years, but there are exceptions. In this article, our Cumming car accident lawyers will explain what you need to know to ensure you don’t miss out on your right to justice.
At the Law Offices of Humberto Izquierdo, Jr., PC, we are committed to helping accident victims in Cumming, Atlanta, Marietta, and nearby areas. Don’t hesitate to contact us for a free case review. Our staff speaks English and Spanish.
What is the Car Accident Statute of Limitations in Georgia?
The car accident statute of limitations in Georgia is the time limit for filing a lawsuit after a crash. Under Georgia Code § 9-3-33, victims must file a personal injury lawsuit within two years of the accident date. If a car accident leads to the wrongful death of a loved one, the surviving family members or estate representatives have two years from the date of death to file a wrongful death lawsuit.
If you miss the deadline to file a car accident claim in Georgia, the court will most likely dismiss your case, and you’ll lose your right to pursue compensation for your injuries.
The sooner you contact an experienced Cumming car accident lawyer, the easier it will to gather evidence to build a strong case.
Two Years to File a Personal Injury Lawsuit
As mentioned earlier, car accident victims in Georgia have two years from the date of the crash to file a personal injury lawsuit. A personal injury claim allows you to seek compensation for medical bills, lost wages, pain and suffering, or other damages.
The clock starts on the day of the accident. Even if you are still receiving treatment for your injuries, you must file your lawsuit within two years.
Two Years to File a Wrongful Death Lawsuit
In the unfortunate event that a loved one is killed in a car accident, the surviving family members can file a wrongful death lawsuit. The statute of limitations for wrongful death claims begins on the date of death, not the date of the car accident itself.
Wrongful death lawsuits can provide compensation for the emotional suffering and financial losses caused by the loss of a loved one, such as funeral expenses, loss of income, and loss of companionship.
Exceptions to the Georgia Car Accident Statute of Limitations
While the car accident statute of limitations in Georgia is generally two years, there are several important exceptions.
The Victim is a Minor (Under 18)
If the person injured in the car accident is under 18 years old, the statute of limitations does not begin to run until the minor reaches the age of 18. This means that if a minor is involved in a car accident, the statute of limitations may be extended until their 20th birthday.
The Victim is Mentally Disabled or Incapacitated
Suppose a car accident victim is mentally disabled or incapacitated at the time of the accident (such as being in a coma). The statute of limitations may be paused until the victim is able to participate in the legal proceedings or a representative is appointed to handle the case.
The Defendant Leaves the State
If the defendant (the person responsible for the accident) leaves Georgia before a lawsuit is filed, the statute of limitations may be extended. The clock will be “paused” while the defendant is out of state or unreachable. This exception ensures that a defendant cannot avoid a lawsuit simply by leaving the jurisdiction.
Criminal Charges Related to the Crash
In cases where the defendant is facing criminal charges (such as DUI or vehicular homicide) in connection with the accident, the statute of limitations may be tolled. This gives the victim’s family or the injured party more time to pursue a civil lawsuit once the criminal case is resolved.
Suing Government Organizations
If your car accident involves a government agency, such as an accident with a government vehicle, different rules apply. In Georgia, you generally have only one year after the accident to file a claim against a state government agency and six months to file a claim against a city or county agency.
Insurance Claim Deadlines vs Lawsuit Statute of Limitations
The car accident statute of limitations applies to lawsuits. There are separate deadlines for auto insurance claims.
Your auto insurance policy may require that you report the accident within a certain period, such as 30 days. Additionally, the at-fault driver’s insurance company may have reporting requirements. Failing to meet these deadlines could result in a denial of your claim.
Even if your insurance claim is still pending, you should not wait until the last minute to file a lawsuit. Our experienced Cumming accident lawyers will negotiate for a fair settlement with the insurance company and ensure all legal deadlines are met.
Contact an Attorney as Soon as Possible
Even though the statute of limitations in Georgia provides two years for filing a lawsuit, time passes quickly, and building a strong case can take time. It is crucial to consult with an attorney as soon as possible after your accident to ensure that you meet all the necessary deadlines and have enough time to gather important evidence.
At the Law Offices of Humberto Izquierdo, Jr., PC, we have years of experience representing car accident victims and their families throughout Cumming, Atlanta, Marietta, and surrounding areas.
Our bilingual staff is fluent in English and Spanish, allowing us to serve clients from diverse backgrounds. We can help you understand the legal process and ensure that you do not miss the important deadlines that could affect your right to compensation.
Reach Out to Our Cumming Car Accident Lawyers
It’s crucial to be aware of the statute of limitations in Georgia. The two-year deadline may seem like a long time, but it’s easy to lose track of time when you are dealing with medical treatment, insurance claims, and other challenges.
At the Law Offices of Humberto Izquierdo, Jr., PC, we are committed to fighting for the rights of accident victims in Cumming, Atlanta, Marietta, and nearby areas. Contact our experienced team of Cumming car accident lawyers today for a free consultation to discuss your case and ensure that you are taking the necessary steps to protect your legal rights.
