What Is The Deadline In Which A Car Accident Case Must Be Filed
There are two different deadlines to file a lawsuit in Georgia after an auto accident (the Statute of Limitations). The statute of limitations on any personal injury claim resulting from the accident is two (2) years from the date of the accident in most situations. The statute of limitations on any property damage claim resulting from the accident is four (4) years from the date of the accident in most situations.
This Deadline Is Crucial
These deadlines to file are so very important. The reason is because if you do not file suit by the appropriate deadline, you will forever forego your rights to pursue the claim(s) in the future. Often times, when an injured party is getting close to the statute of limitations running out, the adjuster will go silent in hopes that the person will not file suit by the deadline. Then after the deadline he or she will inform the person that they are sorry, but the claim is closed because suit was not filed in time.
Can The Deadline Be Extended?
Almost always without question NO! As mentioned above, there are a few instances where the statute of limitations will start to run because of a unique situation. For example, if the person injured in the accident is a minor child, the statute of limitations of two years does not begin to run until that person turns 18 years old.
Keep in mind that these situations where the deadline is extended beyond the traditional time frame is very rare. One should never assume the deadline is longer. Speak to a lawyer.
How To Protect Your Rights
This is also very important. In order to beat the statute of limitations what must be filed is a lawsuit (also called a Complaint) in a court of law. Filing a claim with the insurance company is not the same thing.
If you have not filed an actual lawsuit against the at-fault driver by the applicable statute of limitations deadline you lose all of your rights. Your claim is over with no compensation for your damages.
Need More Information About Car Accident Claims in Georgia
If you are looking for more information about car accident claims or cases, our car accident lawyers continuously provide useful information on topics of interest in this area on our blog and through our Learning Center.
Also, if you would like to speak to an attorney today about your auto accident case, we provide free case evaluations with one of our nationally recognized trial lawyers. Call (770) 355-0780 today!