If you’ve been involved in a car accident in Georgia, a law known as the statute of limitations limits how much time you have to file a claim. Filing within the legal time limit is crucial to preserve your right to seek compensation. In Georgia, you generally must file a car accident claim within two years of the collision. However, special situations can impact the deadline.
It’s important to contact a car accident lawyer as soon as possible to build a strong case. The Weinstein Firm is here to help you get the compensation you deserve. Contact us today for a free case review.
How Long Do You Have to File a Car Accident Claim in Georgia?
The statute of limitations is a law that sets a time limit for taking legal action. In Georgia, the deadline to file a personal injury claim after a car accident is generally two years from the accident date. This means that you have up to two years to file a personal injury lawsuit seeking compensation for medical expenses, lost wages, property damage, and pain and suffering. Missing this deadline could result in losing your right to pursue compensation.
However, certain exceptions can alter this timeframe, such as cases involving minors, mental incapacity, or accidents involving government vehicles. Because of these potential exceptions, it’s essential to talk with a car accident attorney to understand how Georgia’s statute of limitations applies to your case. The Weinstein Firm’s experienced attorneys can ensure that all deadlines are met.
Although two years may seem like plenty of time, starting the claims process early is important. Evidence can fade, witnesses can become difficult to locate, and medical documentation is most accurate when obtained soon after the accident. The Weinstein Firm can help guide you through each step of this process, from evidence collection to settlement negotiation and filing a lawsuit if necessary.
What Happens If You Miss the Deadline?
If you miss the two-year deadline, you may lose your right to file a personal injury lawsuit in Georgia. This would mean forfeiting compensation for medical expenses, lost wages, property damage, and other accident-related losses.
If you try to file a lawsuit after the statute of limitations is over, the court will almost always dismiss the case. It’s crucial to contact a car accident attorney as soon as possible after an accident.
Exceptions to the Statute of Limitations for Car Accident Claims
While the two-year statute of limitations applies to most car accident claims, certain exceptions may alter the deadline. These include:
Children
If the injured party is under 18 at the time of the accident, the statute of limitations begins when they turn 18. This gives minors until their 18th birthday to file a personal injury claim, allowing them a fair chance to pursue compensation upon reaching adulthood.
Check out our article exploring car accident settlements for children.
Mental Incapacity or Disability
The statute of limitations may be paused if a car accident victim cannot make legal decisions because of a disability or mental illness at the time of the crash. The clock on the two years starts once they regain the ability to make legal decisions.
Defendant Leaves the State
If the person who caused the car crash leaves the state of Georgia, the statute of limitations is “tolled” or paused until they return. This is intended to prevent people from avoiding responsibility by leaving the state.
Criminal Cases
When a car accident involves a potential crime—like if the at-fault driver was driving drunk—the usual deadline for filing a personal injury claim in Georgia may be extended. The statute of limitations is paused (or “tolled”) while the criminal case is in progress, which could give you extra time to file your claim.
This pause lasts until the criminal case is completed, whether through conviction, dismissal, or some other conclusion, with a maximum extension of up to six years.
Accidents Involving Government Vehicles
If your accident involved a government-owned vehicle, different rules and shorter filing timelines may apply. For instance, you must provide notice of your intent to file a claim within six months for city or county government vehicles and within one year for state-owned vehicles.
Each of these exceptions has specific legal requirements. Consulting with The Weinstein Firm can ensure you’re aware of any exceptions and that your case is filed correctly.
Importance of Acting Quickly After a Car Accident
Although you may have up to two years to file a claim, it’s in your best interest to act quickly. Delaying your claim can negatively affect your case in several ways. Gathering evidence promptly allows you to capture critical information while it’s still fresh, and taking early action increases your chances of locating witnesses and preserving medical records that support your claim.
Delaying medical treatment or filing can weaken your case by allowing insurers to argue that your injuries aren’t severe or were unrelated to the accident.
Steps to Take After a Car Accident
After a car accident, taking the right steps can strengthen your claim and protect your right to compensation.
- Seek Immediate Medical Attention: Some injuries, such as whiplash or internal injuries, may not be immediately noticeable. Seeking medical attention right away provides a documented record of your injuries.
- Report the Accident: Report the accident to the police and obtain a copy of the police report, which can serve as evidence in your claim.
- Document the Scene: If possible, take photos of the accident scene, vehicle damage, and any visible injuries. Obtain contact information from any witnesses.
- Keep Detailed Records: Retain all records related to the accident, including medical bills, repair costs, and any records of time missed from work.
- Contact an Attorney: An experienced car accident attorney can guide you through the legal process, gather evidence, and file your claim within the required timeframe.
How Our Georgia Car Accident Lawyers Can Help
Filing a car accident claim involves more than simply submitting paperwork. Building a strong case requires gathering and analyzing evidence, proving liability, and calculating the full extent of your damages.
A skilled attorney can handle these tasks while you focus on your recovery. The Weinstein Firm’s experienced car accident lawyers have a track record of helping accident victims navigate Georgia’s legal system and secure the compensation they need.
Our attorneys assist with:
- Investigating the Accident: We collect police reports, witness statements, medical records, and other relevant evidence to build a solid case.
- Calculating Damages: Our team helps calculate your expenses, including medical costs, lost wages, pain and suffering, and future medical needs.
- Negotiating with Insurers: We negotiate with insurance adjusters on your behalf to secure a fair settlement.
- Representation in a Lawsuit: We’re prepared to take your case to court if the insurance company doesn’t offer
FAQs About Car Accident Cases in Georgia
Can I Still File a Claim if I Share Some Fault?
Georgia follows a “modified comparative negligence” rule, meaning you can still seek compensation if you’re less than 50% at fault for the accident. However, your total compensation will be reduced by your percentage of fault.
How Much Does It Cost to Hire a Car Accident Attorney?
The Weinstein Firm operates on a contingency fee basis, which means you pay nothing upfront. Our fee is only collected if we secure compensation for you, allowing you access to quality legal representation with no financial risk.
Why Choose The Weinstein Firm?
At The Weinstein Firm, we are dedicated to providing personal, compassionate service to car accident victims across Georgia. Our team understands the physical, emotional, and financial impact of a car accident, and we work tirelessly to secure the compensation you deserve. Our lawyers have extensive experience handling car accident claims and a record of winning millions for clients.
If you’ve been injured in a car accident, don’t wait to seek legal advice. Call 770-HELP-NOW or contact us online today for a free consultation, and let us help you understand your options, protect your rights, and pursue the justice and compensation you deserve.
