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Georgia Car Accident Statute of Limitations Injury Claims

Feb 9, 2024 - Car Accidents

After a car accident, dealing with the aftermath can feel like an uphill battle. And when it comes to legal matters, time is of the essence.

That’s where understanding Georgia’s car accident statute of limitations becomes crucial. With injuries to heal from and bills piling up, every moment counts. But what if you miss the deadline? Your chance for justice could slip away. 

But fret not; this article delves into the intricacies of Georgia’s statute of limitations for car accident injury claims, offering insights and guidance to ensure your rights are protected.

two angry motorists arguing over responsibility of a car crash

Is there a statute of limitations on car accidents?

Yes, there is a statute of limitations deadline for filing a lawsuit related to car accidents in Georgia. Under Georgia law, individuals have a limited period within which they must initiate legal action after an accident occurs.

This statute of limitations serves as a time limit for bringing forth a lawsuit to seek compensation for damages resulting from a car collision. It’s crucial to be aware of this deadline and take prompt legal action within the specified timeframe to protect your rights and ensure your eligibility to pursue a claim.

If you’ve been injured in a car accident in Georgia, contact us today for a free consultation with a personal injury lawyer, so we can discuss next steps

What is the statute of limitations on a car accident in Georgia?

The statue of limitations on a car accident in Georgia is 2 years.

Think of it this way: just like there are expiration dates on perishable goods, the statute of limitations is like an expiration date for legal claims. Once that time limit passes, you may lose your right to seek compensation or take any legal action regarding the accident.

When does the Georgia car accident statute of limitations start?

Georgia’s statute of limitations to file a car accident claim or personal injury lawsuit starts two years from the date of the accident. from the date of the accident, as stipulated by section 9-3-33. This means that car accidents must be filed within a window of 2-year from the date of the accident to initiate legal proceedings or file a lawsuit regarding the incident.

Code 9-3-33 outlines this timeframe, marking the beginning of the statute of limitations period and emphasizing the importance of taking timely legal action.

Be aware of this deadline, act promptly to protect your rights, and seek help from an expert, such as a Marietta personal injury lawyer, if you’re considering pursuing a legal claim related to a car accident in Georgia.

someone filling out a car accident report form

How long do you have to report an accident to insurance in Georgia?

In Georgia, it’s essential to report an accident to your insurance company promptly after it occurs. While there isn’t a specific legal deadline for reporting accidents to insurance in Georgia, most insurance policies require you to report any accidents as soon as possible.

Failing to report an accident promptly could potentially affect your ability to file a personal injury claim and receive settlement for damages. It’s also one of the key what to do after a car accident steps.

It’s advisable to review your insurance policy to understand the reporting requirements and any timeframes specified by your insurer. Additionally, reporting the accident promptly allows your insurance company to begin the claims as soon as possible, helping you navigate the aftermath of the accident more smoothly.

Does the discovery rule apply to the statute of limitations in Georgia for car accidents?

Yes, in Georgia, the discovery rule does apply within the statute of limitations for types of car accidents in certain circumstances.

The discovery rule allows for the statute of limitations to begin from the date when the injury or damage resulting from the car accident is discovered, rather than from the date of the accident itself.

This rule is particularly relevant in cases where injuries or damages may not be immediately apparent or where they are discovered after some time has passed since the accident. However, note that the application of the discovery rule can vary depending on the specific details of each car accident case and the interpretation of the law by the courts.

If you’ve been involved in a car accident in Georgia and are unsure how long you have to left to make your claim, call us today for expert advice.

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(470) 975-7195

Statute of limitations Georgia auto accident exceptions

Exceptions for Minors and Incapacitated Individuals 

Georgia law acknowledges the vulnerability of minors and individuals deemed legally incapacitated due to mental illness or disability by providing exceptions to the statute of limitations.

For minors injured in auto accidents, the statute of limitations may be tolled, or paused, until they reach the age of 18. 

This extension ensures that minors have the opportunity to pursue legal action when they reach adulthood.

Legally incapacitated

Similarly, individuals declared legally incapacitated may have their timeframes to file your claim extended until they are deemed competent to pursue legal action.

This aims to protect the rights of vulnerable individuals and ensure they have adequate time to seek justice for injuries sustained in auto accidents.

Government Entity Exceptions

When you file a claim against government agency or government employees in Georgia, individuals must adhere to specific notice requirements and timeframes, depending if it’s a state or local government claim:

  • State: Within 1 year
  • Local government: Within 6 months

The above timeframes are enforcement strictly. If 1 year or 6 months passes, depending on whom you’re filing a claim against, and you haven’t initiated your claim in the court system, you could forfeit the right to make a claim or sue for negligence.

Additional reading: can you sue someone for a hit and run in Georgia

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Can The Gumprecht Law Firm help?

At The Gumprecht Law Firm, we’re dedicated to providing expert legal assistance to individuals who have been involved in auto accidents in Georgia and need to understand the Georgia statute of limitations further.

Whether you’ve suffered injuries or property damage in a car accident, Michael Gumprecht and his team is here to support you every step of the way.

Our firm understands the challenges you may face after an auto accident, from medical bills and lost wages to emotional distress and uncertainty about the future. That’s why we’re committed to fighting for your rights and seeking the maximum compensation you deserve.

Call today to schedule your free consultation and take the first step toward securing the justice and compensation you deserve.

CALL FOR FREE

CALL FOR FREE

(470) 975-7195

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