You might be eligible for compensation if someone else’s negligent actions injured you in a Georgia car accident. You have two years after an accident to file a lawsuit in Georgia against the person who hurt you. The compensation you get after a crash could come through a settlement, but a lawsuit is the next step if you cannot settle with the at-fault party. It is wise to contact an experienced car accident attorney soon after the accident so they can try to negotiate a settlement for you. If that doesn’t work, they’ll still have time to meet the statutory deadline for filing a lawsuit.
Are There Different Statutes of Limitation for Car Accident Claims?
Georgia law states that you must file a personal injury lawsuit resulting from a car accident within two years after the accident date. If you miss the filing deadline, you can no longer seek relief through the courts. In other words, if you do not file your lawsuit within the two-year window, you won’t be able to pursue compensation through the court system. You will have lost one of your best tools against the insurance company: the threat of a lawsuit.
The same two-year deadline applies to wrongful death suits, which are also a type of personal injury case. However, if you need to file a lawsuit for property damage, you have up to four years after the accident date to file a suit. Some limited exceptions can extend the statutory period. Some of those exceptions include:
- The injured person is under the age of 18.
- The injured person had an intellectual disability or mental illness at the time of the accident.
- The defendant has pending criminal charges.
- The defendant leaves the state before the plaintiff files the lawsuit.
- The car accident victim is deceased, and the estate has no personal representative.
The statutory period will begin to run after the relevant situation is resolved or no longer applies.
How Long Do I Have To File a Claim If the Accident Involved a Government Vehicle?
The timeframe for filing a personal injury lawsuit for a car accident involving a government-owned vehicle is still two years, but there are additional requirements to meet for you to receive financial relief. If a Georgia state agency or a county government owns the vehicle, a negligence claim must be filed (in writing and sent by certified mail) with the government agency within twelve months. The written negligence notice must be filed within six months if a Georgia city or municipality owns the vehicle. Usually, people can’t bring lawsuits against state governments because of the state’s sovereign immunity. However, an exception applies if a government employee was negligent in the vehicle’s operation.
What Should I Do Right After a Car Accident?
At the time of the accident, you undoubtedly contacted 911 and got emergency medical care for anyone who needed it. You probably also exchanged contact details and insurance information with the other driver. Now you’re wondering what you can do next to bolster your claim. Your priority should be safeguarding your health and protecting your claim for compensation against the at-fault driver.
- If you haven’t yet sought medical care, do so immediately. To pursue compensation for injuries you sustained in the accident, you’ll need to prove that they occurred in the accident and not at some later time.
- If you didn’t get photos of the accident scene at the time, you could ask a friend to get them for you or rely on your attorney to obtain them.
- Write down your recollection of how the accident happened, the weather, and surrounding conditions while it is fresh in your mind.
- Gather and retain any paperwork you receive in conjunction with the accident. That includes medical records, receipts for prescriptions, and other out-of-pocket expenses that resulted from the accident. Keep copies of any repair or replacement documentation for your damaged property in the crash.
- Keep a pain journal. In this journal, you can keep track of all your medical appointments. Write down how you feel each day and how your injuries affect your ability to perform your usual activities.
- Stay off social media. Anything you post could be taken out of context and potentially used to diminish the value of your case. If the insurance company asks for a recorded statement, refer them to your personal injury lawyer.
Should I Accept the First Settlement Offer from the Insurance Company?
The insurance company is a business that is trying to stay profitable, so it wants to cut its expenses as much as possible. One of the ways it can do that is to make a quick, lowball offer in hopes that you’ll be desperate enough to take it. It’s usually not a good idea to take that first offer. You haven’t yet been able to determine how serious or long-lasting your injuries might be. You probably don’t know yet whether you’ll have to take time off work. Until you have a firm idea of the total value of your claim, you should hold off accepting any settlement from the insurance company. Your best bet is to engage a skilled Georgia car accident attorney. They can fight for the compensation you deserve and will understand how to avoid insurance company tactics designed to minimize your financial recovery.
Contact a Georgia Car Accident Lawyer
The experienced attorneys of Sherrod & Bernard, P.C., successfully pursue and obtain compensation for our clients in car accident injury cases. Over the nearly three decades we’ve been in practice, we’ve developed various winning strategies to gain the compensation our clients need. Don’t try to go through this challenging time alone. We are ready to help you pursue compensation for the injuries and losses you suffered. If you are the victim of a car accident caused by another’s wrongdoing, contact one of our attorneys today to learn more about how we can help.
