After a car crash, you need time to recover from your injuries and get over the shock and emotional trauma before you start thinking about pursuing a legal claim. But do not wait too long, because you may just miss your chance. You should consult with a Mableton car accident lawyer as soon as possible in order to keep any options open, including filing a lawsuit within the statute of limitations.
In this article, we will discuss the importance of this legal deadline and whether there are any exceptions to it.
What Is the Statute of Limitations for Car Accident Cases?
In Georgia, accident victims have two years to file a lawsuit against a driver who was responsible for their crash. This statute exists in order to give both parties the chance to find evidence, get testimonies from eyewitnesses, and obtain a resolution to the issue.
The statute of limitations starts running (or tolling) from the date of the accident and courts observe it very scrupulously. Just one day beyond this deadline and your case will be dismissed without recourse.
There Is No Guarantee That Your Case Will Settle
Now, you may have read that just a small percentage of car accident claims actually go to trial. This is true, but it must not give you a false sense of security. Despite your attorney’s best efforts, the insurance company may believe that your case is not very strong.
So, they count on one of the two options:
- That you will not actually escalate the case to a lawsuit, which is expensive and takes a lot of time.
- That the jury will side with the insurer and reject your claim for damages.
Thus, your attorney must have time to prepare for any scenario – including a court case.
Are There Any Exceptions to the Statute of Limitations?
Every rule has some exceptions, and this is also true in the case of the statute of limitations for car accident claims. However, as any Mableton car accident lawyer knows, these exceptions apply to very specific situations.
1. The Victim Is a Minor
Any car accident victim under 18 must have the chance to pursue their own claim for compensation. But this happens only when they become an adult. Thus, the statute of limitations will be paused until the day they turn 18 years old.
2. You Have Four Years to Pursue a Separate Claim for Property Damage
According to Georgia Statutes 9-3-31, the deadline for taking legal action for injuries to personalty (private property) is four years. This includes any action to recover the cost to repair or replace the damaged car, jewelry, electronic devices, or other valuables damaged in the crash.
3. The Defendant Commits Fraud to Prevent You from Filing a Claim
If the at-fault driver misleads you or performs any fraudulent action (such as giving you a false name and insurance number) that prevents you from filing a claim, the statute of limitations is paused. It starts tolling again from the moment when you become aware of such fraud and can act in full knowledge of the situation.
4. The Victim Becomes Disabled After the Crash
After a particularly violent crash, the victim may go into a coma. This means that they are effectively disabled and incapable of making any legal decision. In this case, the statute of limitation is paused until the victim comes out of the come and is competent to make decisions.
5. The Defendant Is a State, County, or City Authority
If a local government authority is liable for your accident, then the statute of limitations is even shorter than the regular one. Thus, actions against the state of Georgia or a county must be made within 12 months after the date of the crash.
For claims against city or municipality bodies, the deadline is even shorter – you have only six months available.
Consult with a Mableton Car Accident Lawyer as Soon as Possible!
The law is very clear on the statute of limitations for car accident cases and the exceptions are few and very specific. No other reason will be accepted by the court. Thus, make sure that you contact The Weinstein Firm as soon as possible after your accident.
You only have one chance to get compensation for your damages, so do not waste it. Call us today to schedule a free consultation at 770-HELP-NOW!
