Car accidents are an unfortunate but common part of life in Georgia. However, many victims might not realize that they have a limited amount of time to file a lawsuit for damages.
Georgia’s statute of limitations requires car accident victims to file their lawsuit within two years from the date they were injured. This is a tighter deadline than it seems, and the date can approach faster than victims expect. In most cases, the court will not entertain a case if it is filed after the deadline. However, Georgia law provides several exceptions that allow victims more time to file their claims.
If you were injured in a Georgia car accident, our Georgia personal injury attorneys can help you file your case on time to recover the compensation you deserve. Contact Howe Law today at (844) 876-4357 for a free case review.
Understanding Georgia’s Statute of Limitations for Filing a Car Accident Lawsuit
Every state has a time limit to file a lawsuit for injuries sustained in a car accident. In Georgia, O.G.C.A. § 9-3-33 states that car accident victims typically have two years from the date of their accident to file their lawsuit against a negligent driver. This is not nearly as much time as it might seem, especially considering the time it takes to gather evidence to submit with your lawsuit.
The statute of limitations is a strict rule the court is reluctant to go against. In most cases, the defendant will file a motion with the court requesting it to dismiss the case for failing to file within the specified time. The court will have no choice but to grant the request unless your case falls under one of the rare exceptions to the rule. Our Atlanta personal injury attorneys can help determine the deadline to file your lawsuit and whether any exceptions apply if the date has passed.
Exceptions that Can Extend the Statute of Limitations for Filing a Georgia Car Accident Lawsuit
While the statute of limitations is usually a hard deadline to file a car accident lawsuit, Georgia law recognizes that circumstances could be such that it is not possible to file within the two-year window. If your case falls under one of the listed exceptions, you will likely have more time to organize evidence to file your lawsuit. Our personal injury lawyers can help you determine if your case qualifies for an exception to the filing deadline.
Minor Victims
If a victim was a minor when they were injured in a car accident, O.G.C.A. § 9-3-90 gives them additional time to file their lawsuit. Some children might not have parents that think to bring a lawsuit when their child is injured, which is why the statute of limitations does not begin to toll until the child turns 18. Once the victim reaches 18, they will have two years to file a lawsuit against the party that injured them.
Exception for Disabilities
The same law that grants children additional time also extends the filing time for those whose disability prevented them from filing when the accident occurred. Disability, in this sense, does not just include physical kinds but also mental illness and other situations where a victim has been declared legally incompetent. In this situation, victims will have two years from the date they are deemed competent to file a lawsuit for damages.
Defendant Removed from the State
In some cases, a person might flee the state if they know they will soon be named the defendant in a car accident lawsuit. Fortunately, O.G.C.A. § 9-3-94 holds that the time a defendant is absent from the state will not count against the statute of limitations. However, you will want to remain vigilant for the defendant’s return, as the clock will start running as normal once the defendant again resides in Georgia.
Fraud by the Defendant
The statute of limitations will also not run if it can be shown that the defendant defrauded the plaintiff so their case would not be filed in after the deadline passed. According to O.G.C.A. § 9-3-96, the time will not begin to run until the fraud is discovered. Once the fraud is realized, however, you will have two years to file your lawsuit. In many cases, the court will also penalize the defendant for their deceit, which could increase the compensation you recover.
Criminal Cases Preceding Civil Cases
Lastly, if criminal charges were filed for the conduct that caused your personal injury, the criminal prosecution will need to come before a civil suit can be filed. Under O.G.C.A. § 9-3-99, the statute of limitations will not run while a case is going through criminal proceedings. Once the criminal matter concludes, you will have two years to file your lawsuit. Be aware, though, that the law also places a hard limit of six years to file a claim in these situations.
What If I Am Filing a Car Accident Lawsuit Against a City or Municipality in Georgia?
Some car accidents involve vehicles owned by a city or municipal governments. For instance, most city buses are operated by the local government and are routinely involved in car accidents. If your accident involves a government vehicle, additional deadlines can seriously impact your claim.
O.G.C.A. § 36-33-5 requires victims intending to sue a government entity to notify the agency of their intention to file suit no more than six months from the date of the accident. This notice must be made in writing and state the important details of the accident. Once your notice is submitted, the agency can take up to 30 days to respond to your claim. However, the statute of limitations will not run during this time.
This rule is strict, and you could lose the right to file your lawsuit if your notice is not filed in 30 days. Our Alpharetta personal injury attorneys can help prepare your claim and file it with the appropriate agency promptly.
Our Georgia Car Accident Lawyers Can Help
If you were injured in a car accident in Georgia, our experienced car accident attorneys can help by providing you with a free assessment of your case. Call Howe Law at (844) 876-4357.
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