How Long Do You Have to File a Car Accident Claim in Atlanta, Georgia? Understanding the Statute of Limitations in Georgia

A car accident can be a disorienting and overwhelming experience, full of unexpected responsibilities and details such as getting your car repaired, finding a replacement vehicle, visiting a hospital or specialist, and making a claim with your insurance. In the midst of all of these tasks, it can be difficult to find the time to even think about whether you might need to file a legal claim or consult with an Atlanta car accident attorney. Thankfully, the statute of limitations in Georgia gives you time to consider your options.

Georgia’s Statute of Limitations

A statute of limitations is a critically important deadline to be aware of when involved in a car accident. This is the amount of time an individual has before they are legally required to initiate a claim in court for damages resulting from your accident. If you miss the statute of limitations, even by a day, you may be barred from ever bringing your legal claim. 

Georgia statute O.C.G.A. § 9-3-33 provides that individuals generally have two years from the date of the accident to initiate a legal claim in court for any personal injuries they might have suffered. This can include recovering damages for any medical bills you received, ongoing impact to your ability to work, ongoing chronic pain or emotional distress, or even punitive damages. Although less common, Georgia also permits car accident victims to bring a claim for property damage to their vehicle where no personal injury has occurred, and these claims have a slightly longer statute of limitations of four years. 

In the most extreme circumstances where a fatality occurs, family members may bring a wrongful death lawsuit on behalf of a loved one who passed away rather than a personal injury lawsuit. In Georgia, wrongful death lawsuits are also subject to a two-year statute of limitations, but the deadline begins when the individual passes away, not when the accident occurs. 

Statute of Limitations Exceptions

While every individual involved in a car accident should assume that the two-year statute of limitations applies to them and proceed accordingly, there are rare circumstances where this statute of limitations may be extended. One important exception is for individuals who are minors at the time that an accident occurs. In Georgia, if an individual is under the age of eighteen at the time of their accident, the two-year statute of limitations does 

not begin to run until their eighteenth birthday. This means they would have until age 20 to file a personal injury claim. But it is important to note that this exception does not extend a parent’s right to bring claims for any medical bills paid on behalf of a minor. A parent’s legal claims would still need to be filed within the traditional two-year period after the accident. 

Another important exception is for car accidents in which the other driver was a government employee operating a vehicle owned by a city, county, or state government. Assuming the driver was driving the vehicle as part of their work, these personal injury claims must be brought under the Georgia Tort Claims Act, which has more complex filing procedures and often shorter deadlines. For example, you may have only six months to notify the city of your claim and only a year to notify the state. 

If you were recently involved in a car accident and are unsure of how much longer you have to file a claim, or if it is unclear whether the Georgia Tort Claims Act might apply to your case, your best option is to contact an experienced Atlanta car accident attorney like the attorneys at Mabra Law. 

What You Should Do To Prepare For Meeting The Statute of Limitations

While it can be tempting to put a car accident claim on the back burner until you get closer to the statute of limitations deadline, it is important to be proactive in preparing to file your claim well before your deadline arrives. Unexpected life circumstances and unavoidable delays can arise in the preparation of any claim. Without an adequate time buffer, your claim may not be filed on time. Additionally, waiting too long to bring your claim can result in the loss of evidence, making it more challenging to win in court. For example, records may be inadvertently discarded, or witnesses’ memories may fade. To avoid these complications, key steps that you can take early on include:

• Requesting all relevant medical records and treatment bills, establishing your injuries, and ongoing or future care required
• Requesting any relevant police reports or records from emergency service providers who may have responded to your accident
• Contacting and obtaining statements from witnesses who observed your accident or who have observed your ongoing injuries, suffering, or emotional distress related to the accident
• Identifying other available evidence, such as recordings from traffic cameras or nearby business cameras, that supports your claims. 

Consulting with an Atlanta car accident attorney can also help in establishing a strategy for your legal claim and any additional evidence that may need to be obtained to support that claim. 

Protecting Your Car Accident Claim

Preserving your right to bring a claim for your car accident requires careful attention to detail and proactive planning. But paying attention to these details should not come at the expense of addressing your medical injuries and recovering from any harm that you experienced. For this reason, consulting with a qualified Atlanta car accident attorney who can help calculate your statute of limitations and develop a plan to prepare your case in anticipation of any deadlines can help ease the stress of dealing with an accident. 

At Mabra Law, our dedicated Atlanta car accident attorneys have years of experience helping car accident victims. They can work with you to obtain necessary evidence of your injuries, consult with experts, prepare witness statements, and help ensure that your car accident claim is initiated well in advance of any deadlines. For more information or to schedule a consultation, contact us today.