Key Takeaways:
- Each state has a statute of limitations concerning personal injury accidents.
- In Georgia, the statute of limitations is two years from the date of the accident.
- It would be best if you spoke to a lawyer at Mabra Law Firm immediately to start the legal process.
The aftermath of a personal injury accident is often overwhelming and frustrating.
The hours, days, and weeks after the accident can go by in a blur, and you might not have hiring a personal injury lawyer or filing a personal injury claim at the top of your list of priorities.
But if you were recently in an accident and you’re dealing with injuries and the resulting financial strain, you should start figuring out how to seek fair compensation.
Each state will have its own deadlines for personal injury lawsuits that must be obeyed.
In Georgia, the statute of limitations governs how long you have to file a lawsuit.
In the article below, we will discuss how long you have to sue after an injury in Georgia.
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Should I Sue After An Accident In Georgia?
Before consulting with a personal injury lawyer in Georgia about your accident case, there are a few things you should consider:
- Did you or any passengers suffer injuries?
- Were there any accident fatalities?
- Are injuries preventing you from working or earning a wage?
- Has your quality of life been impacted?
- Did someone else’s negligence cause your accident?
If you answered yes to at least one of those questions, you need to contact an experienced personal injury attorney.
During a free consultation, you can discuss the circumstances of your accident and they can help you decide whether or not to file an accident claim.
And don’t wait too long, because the clock is already ticking.
What’s The Personal Injury Statute of Limitations In Georgia?
How long you have to sue after an accident in Georgia depends on the circumstances of the accident.
The type of personal injury accident, where the accident occurred, and various other factors can impact how long you have to file your claim.
Being familiar with the statute of limitations for personal injury cases in Georgia is critical.
Waiting too long and trying to take legal action outside this time limit will lead to your claim being rejected.
In Georgia, you have two years from the date of the accident to file your personal injury claim.
Are There Exceptions To The Georgia Statute Of Limitations?
Exceptions are sometimes made that extend the statute of limitations in Georgia.
However, these instances are rare, and you shouldn’t count on them applying to your case.
Exceptions that could extend the statute of limitations in GA are:
- In cases of fraud
- If the victim is a minor child or mentally incapacitated
- The “discovery of harm” rule
The discovery of harm rule says that the statute of limitations typically begins when you could become aware that you have been harmed.
Car accidents and similar cases typically aren’t covered by the discovery of harm exception.
That’s because you should easily be aware of the damage you’ve sustained the day of the car wreck.
But there are exceptions still because some car accidents produce “hidden injuries” like whiplash.
The discovery of harm rule often covers medical malpractice claims.
Medical malpractice victims might not notice any adverse symptoms until long after the day of their appointment or surgery.
Again, exceptions to the statute of limitations are rare and you should speak with a lawyer with Mabra Law to determine if your filing deadline qualifies for any extension.
Suing A Government Agency
Government bodies are often entitled to 6 or 12-month “ante litem notice” deadlines.
This means that any claimant suing a government agency must send them notice within this deadline or they’ll lose their right to bring a claim.
So if you were involved in a car accident with a city or county-owned vehicle or truck, you likely have six months to file a notice of legal action against the offending government agency.
You must also notify the government entities in a very specific way.
Sufficient information and details about the case must be given to the government entity’s legal counsel or city or county officials.
Each level of government representation has different rules dictating how long accident victims must file a claim and how the claim must be presented.
Can I File A Lawsuit In Another State?
If you were involved in an auto accident with a negligent from another state or were working for an out-of-state employer, there’s a possibility the lawsuit could be filed in another state.
Filing a claim in another state isn’t typical, so consult with an attorney about the specific circumstances of your case.
Gather Evidence To Support Your Claim
A personal injury case shouldn’t be a “he said, she said” argument.
You will need evidence to back up your claim to win your case and receive fair compensation for medical bills and other losses.
The more evidence you have, the better your chance of winning maximum compensation.
And it would be best if you started collecting evidence right away.
You don’t want to miss the statute of limitations because you waited too long to investigate the accident.
Take the following steps to ensure you provide significant evidence for your case:
- Take photos of your car’s damage, injuries, and accident scene.
- Collect witness statements at the scene of the accident. Be sure to get the names and addresses of the witnesses and ask them to send you any pictures they took.
- Always call the police to the scene and get a police report.
- If you can, get information from the negligent party. You want their name, address, driver’s license number, license plate number, and insurance information for your records.
- Always seek medical treatment no matter how you feel. If there’s a chance you’ve been injured and you’ll need to include injuries and pain and suffering in your claim, you’ll need medical documentation to back it up.
Speak With A Personal Injury Lawyer Near You Right Away
Once the Georgia statute of limitations on personal injury expires, you cannot file any type of personal injury claim.
There are rarely any exceptions made if you fail to file your lawsuit on time, and most attorneys won’t accept cases that are too close to the statute of limitations date.
If you were injured in an Atlanta personal injury accident and you’re struggling to recover, an accident lawyer can help.
An experienced car accident lawyer will help you receive fair compensation within the two-year statute set by Georgia.
Mabra Law Firm will work hard to recover damages for your accident before your deadline expires.
We have the knowledge and experience needed to handle even the most complex personal injury cases.
We offer free consultations to all personal injury victims, and we work on a contingency fee basis, so you don’t pay us until we win.
Fill out the form below immediately to schedule your free consultation with Mabra Law Firm before your deadline expires.