When you’ve been involved in a car accident, the aftermath can be stressful and overwhelming. Not only do you have to deal with injuries and vehicle damage, but you also need to make sure you are fairly compensated for your losses. One of the most important elements of car accident claims is understanding the statute of limitations. If you miss the deadline for filing, you could lose your right to pursue compensation altogether.
In Georgia, there are specific time limits for filing accident claims. The Law Offices of P. Kent Eichelzer III can help you the entire legal process. Here, we will break down everything you need to know about the statute of limitations for car accident claims in Georgia. We will give you advice on how it affects your case, and the steps you should take to protect your rights.
What Is the Statute of Limitations?
The statute of limitations is a deadline for filing a lawsuit. It’s a legally defined time period within which you must take action. In the context of car accidents, it sets the timeframe for when you can file a claim to seek compensation for your injuries, property damage, and other related losses. Once the statute of limitations expires, your right to file a claim is forfeited, regardless of how valid your case may be.
The Statute of Limitations For Car Accident Claims In Georgia
In Georgia, the statute of limitations for most car accident claims is two years. This means that you have two years from the date of the accident to file a personal injury lawsuit. It’s important to note that this deadline applies to personal injury claims, which cover your medical expenses, lost wages, and pain and suffering due to injuries sustained in the accident.
However, if your car accident only resulted in property damage, the statute of limitations is four years. Property damage claims generally cover the costs to repair or replace your vehicle, as well as any other property that was damaged in the accident.
If you have been injured in a car accident, it’s essential to consult a personal injury lawyer like P. Kent Eichelzer III promptly to ensure that you meet these crucial deadlines.
Why Is There a Statute of Limitations?
Statutes of limitations are put in place to ensure fairness and efficiency in the legal process. Over time, evidence can be lost, people forget, and witnesses may move. Having a defined timeframe for filing claims ensures that legal disputes are resolved while the evidence and facts surrounding the accident are still relatively fresh.
Exceptions To The Statute of Limitations In Georgia
While the statute of limitations is generally strict, there are some exceptions that may apply to car accident claims in Georgia. Here are a few scenarios where the statute of limitations might be extended or “tolled,” meaning paused:
- Minors – If the person involved in the accident is a minor (under 18 years old) or is mentally ill, the statute of limitations does not begin until they turn 18 or regain their mental capacity. For example, if a 16-year-old is injured in a car accident, the two-year statute of limitations would begin when they turn 18, giving them until their 20th birthday to file a claim.
- Discovery Rule – In some rare cases, the statute of limitations can be extended if the injury was not immediately apparent. For instance, if you sustained an injury in a car accident but didn’t realize the severity until months later, the clock might start ticking when the injury is discovered, not the date of the accident.
- Government Claims – If your accident involved a government vehicle or a government employee acting in their official capacity, different rules apply. You must provide notice of your claim to the government within 6 months or 12 months for city or county government claims and two years for state government claims. Failing to give proper notice can result in the dismissal of your claim.
- Traffic Ticket Given To Person Who Caused The Wreck – Georgia extends the time on the two-year statute of limitations until the disposition of the traffic ticket given to the person who caused the wreck. For example, if the person who hit you receives a ticket for causing the wreck and pays the ticket two months later the statute of limitations is extended by two months. However, you should seek an attorney immediately after a wreck and not bank on this provision of the law.
How To Protect Your Right To File A Claim
Understanding the statute of limitations is very important. Taking timely action can help you avoid unnecessary complications and ensure your case has the strongest possible foundation. Here are some essential steps to protect your rights:
- Seek Immediate Medical Attention – Even if you think your injuries are minor, it’s essential to seek medical attention immediately after a car accident. Some injuries, like whiplash or internal injuries, may not show symptoms right away. Having a medical record not only protects your health but can be critical in your accident claims.
- Document Everything – Take photos of the accident scene, your injuries, and any property damage. If there were witnesses, try to get their contact information. Documentation is key to building a strong case. It can be invaluable if your case goes to trial or if there are disputes about the severity of the accident.
- Consult A Personal Injury Lawyer – Navigating the complexities of Georgia’s personal injury laws can be challenging, especially if you’re recovering from an accident. Consulting with a personal injury lawyer like P. Kent Eichelzer III as soon as possible can help you understand your legal options. Our law office can guide you through every step of the legal process. From gathering evidence to negotiating with insurance companies and, if necessary, filing a lawsuit.
The Role Of Insurance In Accident Claims
Many car accident claims are resolved through insurance settlements before they ever reach a courtroom. Georgia is an “at-fault” state. This means the driver who caused the accident is responsible for paying damages, typically through their insurance company. While this might seem straightforward, dealing with insurance companies can be difficult. Insurance adjusters often aim to minimize payouts. Without legal representation, you might end up settling for less than you deserve.
The Law Offices of P. Kent Eichelzer III can help you negotiate with insurance companies to secure a fair settlement. If negotiations fail, we can file a lawsuit within the statute of limitations to seek the compensation you deserve.
Don’t Delay! Call Us Today!
Understanding the statute of limitations for car accident claims in Georgia is important. It can ensure you get the compensation you deserve. If you’ve been injured in an accident, it’s essential to act quickly. Whether you’re dealing with medical bills, lost wages, or the emotional stress, you deserve compensation to help you move forward.
At the Law Offices of P. Kent Eichelzer III, we specialize in personal injury law and are committed to helping accident victims. If you’re unsure about the next steps or want assistance, contact us today. Let us guide you through the process, so you can focus on healing while we handle the legal details. Don’t wait – your rights and financial recovery depend on it.