If you have been injured in a Georgia car accident, you will have to deal with numerous issues. These can range from taking care of your medical needs to managing your expenses while being unable to work.
The situation can quickly become overwhelming, leaving you with little time to address everything. However, you are not allowed an unlimited amount of time to file your car accident claim. Georgia law gives you a maximum of two years to recover damages. If you fail to file your case within this timeframe, it might be too late for you. To ensure that your claim is filed correctly and on time, our firm is here to assist you. In some cases, an exception might apply to your situation that would allow you more time to file your claim.
Call Howe Law at (844) 876-4357 to get your free case consultation with our Georgia car accident attorneys.
How Long After a Car Accident Can I Claim an Injury in Georgia?
If you have been injured in a car accident and are considering filing a lawsuit, it is important to understand the time limitations for doing so. In Georgia, the statute of limitations for car accident victims, as outlined in O.G.C.A. § 9-3-33, is set at two years from the date of the accident. This means that you have a limited window of time to file your lawsuit against a negligent driver.
It is essential to keep in mind that the two-year deadline is not as much time as it might appear, particularly given the amount of time it can take to gather the necessary evidence to support your case. If you are unsure about the deadline to file your lawsuit or whether any exceptions apply, it is recommended that you seek the assistance of our experienced car accident attorneys. Failing to file within the specified time can have significant consequences, as the court is generally reluctant to overlook the statute of limitations.
In the majority of cases, the defendant will file a motion with the court requesting that the case be dismissed because of the plaintiff’s failure to file within the allotted time. Unless your case falls under one of the rare exceptions to the statute of limitations rule, the court will have no choice but to grant the request.
What Are the Exceptions to How Long I Can File a Car Accident Injury Claim in Georgia?
Fortunately, there are some exceptions to this rule that can provide you with more time to prepare your lawsuit. Georgia law recognizes that certain circumstances, such as the discovery of a previously unknown injury, can make it difficult to file within the two-year window. If your case falls under one of these exceptions, you might have additional time to gather evidence and file your lawsuit.
Minors and Individuals with Disabilities
When a victim of a car accident is a minor, they are granted additional time to file a lawsuit, according to O.G.C.A. § 9-3-90. This is because some children might not have parents who think to bring a lawsuit when their child is injured or might not be able to do so themselves. Thus, the statute of limitations does not begin until the child reaches the age of 18. Once the victim turns 18, they will then have two years to file a lawsuit against the party that caused their injury.
The same law that grants children additional time to file a lawsuit also extends the filing time for those who were unable to do so because of a disability. Disability, in this context, encompasses not only physical disabilities but also mental illness and other situations where a victim has been declared legally incompetent. In such cases, victims will have two years from the date they are deemed competent to file a lawsuit for damages.
The Defendant is Absent from the State
If someone is aware that they will be named as the defendant in a car accident lawsuit, they might try to flee the state to avoid facing legal proceedings. However, it’s important to know that according to O.G.C.A. § 9-3-94, the time during which the defendant is absent from the state won’t be included in the statute of limitations. This means that the clock on the time limit for filing a lawsuit will pause during the defendant’s absence from Georgia.
It is crucial to remain watchful for the defendant’s return, as the statute of limitations clock will start running as usual once they come back to Georgia. This means that you need to act quickly and file your lawsuit before the time limit expires to ensure that you have the best possible chance of receiving compensation for your damages.
Fraud
If a defendant commits fraud to prevent a plaintiff from filing a lawsuit within the deadline, the statute of limitations will not run. As per O.G.C.A. § 9-3-96, the countdown will only begin once the plaintiff discovers the fraud. However, the plaintiff will have two years from the date of discovery to file their lawsuit. Additionally, the court might impose penalties on the defendant for their fraudulent behavior, which can increase the amount of compensation that the plaintiff receives.
Criminal Cases Preceding Civil Cases
If criminal charges are being filed for the same conduct, the criminal prosecution must take place before a civil suit can be filed. The statute of limitations, according to O.G.C.A. § 9-3-99, will not start running while a case is ongoing in the criminal court. Once the criminal case is concluded, you will have two years to file your lawsuit. However, it is important to note that the law imposes a strict limit of six years to file a claim in such situations.
Claims Against a City or Government Municipality
Government-owned vehicles, such as city buses, are often involved in car accidents. If your accident involves such a vehicle, there are additional deadlines that could affect your claim.
According to O.G.C.A. § 36-33-5, if you want to sue a government entity, you must notify the agency of your intention to file suit within six months of the accident. This notification must be in written form and include important details about the accident. Once you submit your notice, the agency has up to 30 days to respond to your claim. Note that the statute of limitations will not expire during this time. It is important to follow this rule strictly, as failing to file your notice within 30 days could result in the loss of your right to file your lawsuit.
Our Georgia Car Accident Attorneys Can Help
For a free case review with our Georgia personal injury attorneys, contact Howe Law by calling (844) 876-4357.
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