Did you suffer an injury in a car accident in Georgia? If so, you only have a specific amount of time to file a claim to recover damages. This deadline is known as the statute of limitations. Every state has one and each state determines the amount of time they allocate to victims and survivors. If you miss this deadline, you may not be able to file a future claim to collect the compensation you deserve — and need. But what are the statute of limitations in Georgia for filing a car accident claim?
What is a Statute of Limitation?
Every state has a statute of limitations law. This law determines the maximum amount of time a victim has to file a lawsuit. The amount of time varies depending on the type of accident and claim you wish to pursue, as well as the state where you are filing the claim. Once this time has run out, there are few ways around it. Most individuals will not be able to file a claim to recover damages and compensation for their injuries.
Georgia Statutes of Limitations
In the state of Georgia, car accident victims must keep track of two separate statute of limitations: property damage and personal injury. Each one is important and can significantly affect the amount of compensation you are able to receive.
Property Damage Statute of Limitations
When you suffer vehicle damages, as well as other property damage, you can file a lawsuit seeking compensation for that damage. This is known as a property damage claim. It can include things like car seats, cellphones, laptops, and other property inside the car, as well as damage to the vehicle itself.
In Georgia, car accident victims have four years from the date of the accident to seek damages for property losses.
Personal Injury Statute of Limitations
If you suffered injuries in a car accident in Georgia, may need to file a lawsuit or claim to collect the compensation you need and deserve. This can include money to pay for medical expenses and lost wages, as well as pain and suffering.
In Georgia, injured car accident survivors have two years to file a personal injury claim. However, this two year deadline doesn’t start until the injury is discovered or should have been discovered. This is known as Georgia’s “Discovery Rule.”
What If You Miss the Deadline?
It is important to know that there are exceptions to each of these statutes of limitations. If you are injured in an accident with a government entity, you may have less time to file a claim. If you wish to pursue a claim against a county or county employee, you only have 12 months from the date of the crash. You must also give formal notice of your claim within 6 months to local governments. While these deadlines are not statutes of limitations, they are strictly enforced.
If you were a minor at the time of the accident, you may have even more time to recover damages. Minors have until they are 20 years of age to file a personal injury lawsuit. Other exceptions apply to anyone who is considered legally incompetent because of a mental disability, as well as to workers.
Even if you believe that you missed the deadline, you may still be able to file a claim. Your Georgia personal injury lawyer will meet with you to help you explore all your legal options. In a free consultation, your car accident lawyer will listen to your story and review the details surrounding your accident. If you are able to file a claim, your attorney will handle everything for you, so you can focus on your recovery.
When you file a car accident claim, your attorney must negotiate with the insurance company. Filing a car accident claim within the deadline is critical. If the claim is not resolved, your attorney can then file a lawsuit to help you recover the money you need to put your life back together again after a serious car accident.
Contact Our Georgia Car Accident Lawyers
The Kim Law Team is dedicated to protecting injured car accident victims and their families. Our lawyers can meet with you in a free initial consultation and help you through this difficult time. We know that you need someone on your side after a crash, and we want to be the first — and only — call you need to make! Call 404-587-8946 or fill out our confidential contact form. Just call and JUST WIN.