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Statute of Limitations for Car Accidents in Georgia

By Butler Prather LLP on December 6, 2021

If you sustain an injury or property damage as a result of the careless or negligent actions of another driver in Georgia, you should be able to recover compensation for your losses. However, you need to be aware that there are various timelines in place when it comes to recovering compensation for these incidents. Here, we want to discuss the importance of the personal injury statute of limitations in Georgia as well as deadlines put in place by insurance carriers.

What the Law Says About the Personal Injury Statute of Limitation

Every state is allowed to set time limits for how long injury victims have to file lawsuits against the individual or entity who allegedly caused their injury. In the state of Georgia, individuals typically have two years from the date an injury occurs to file a lawsuit in civil court against the other party. This means that car accident victims have a two-year window from the date their accident occurs to file a lawsuit against the at-fault driver.

Failing to file a lawsuit within this two-year timeframe will likely result in the crash victim becoming unable to recover the compensation they are entitled to and the claim they file in civil court will probably be dismissed.

Tolling of the Statute of Limitations

Even though the two-year rule applies to most personal injury cases, there are various exceptions. This timeframe could be paused or “tolled,” which means that the time an individual has to file their case in court could be more than the two years typically allotted under the law. There are various reasons why the statute of limitations for personal injury claims may be tolled, including when:

  • The injury victim is a minor (a person under the age of 18), in which case the statute of limitations clock will not begin to run until the person turns 18.
  • A crime has taken place. If the vehicle accident occurred and the other driver is facing criminal charges for their actions, then the statute of limitations clock will not begin ticking until the criminal case has finished.

Working With an Attorney for Your Claim

If you or somebody you care about has been injured in a car accident caused by the actions of another driver in the state of Georgia, you may need to work with an attorney to ensure that you recover the compensation you are entitled to. When a skilled lawyer gets involved quickly, they can handle every aspect of your claim. One thing that individuals need to be aware of is the deadlines put in place by insurance carriers and how these differ from the overall personal injury statute of limitations.

Insurance carriers typically require that accidents be reported within a day or two after the incident occurs. Failing to do so could result in the claim being delayed or denied altogether.

An Atlanta car accident attorney will conduct a complete investigation into the case, ensure the claim is filed on time with the insurance carriers and with the civil court system, and handle all negotiations with other parties involved. The ultimate goal is to ensure that car accident victims recover compensation for their medical bills, lost wages, property damage expenses, and pain and suffering damages.

Posted in: Car Accidents

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