Menu
×

What is the Statute of Limitations on Car Accidents in Georgia?

Car accidents in Georgia are prevalent due to many different reasons. Unfortunately, most of these crashes cause devastating injuries to the parties involved. Some injuries are usually not too serious, and one may not need a lot of medical attention. However, some are generally very severe and expensive to treat which is why it is important to seek compensation. Sometimes people involved in accidents do not take the initiative to ensure that they apply for compensation early enough. They may be confined to a hospital or experience other problems that prevent them from doing so. However, it is important to seek compensation as soon as the accident happens because of the statute of limitations. In Georgia, this is two years.

If you are incapable of making the application on your own, have a family member do that for you. The best option is to seek an Atlanta, GA car accident attorney to help you with the process. He is knowledgeable about the statute and will explain everything that you need for your case.

What Is Georgia’s Statute of Limitations and Can Your Atlanta Auto Accident Attorney Help?

A statute of limitations is a time cap within which you should file a personal injury claim. Different states allow different timeframes for cases with some allowances based on a range of situations.

In Georgia, you have only two years within which you can make your injury claim. If you are filing for property damage, the cap is four years. Once the period elapses, it is likely that the court will deny your claim. The limitations apply to claims for both physical injury and damage to property such as your vehicle.

The statute is in place to encourage the filing of claims within a reasonable period. This ensures that there is still sufficient evidence which could prove the Atlanta, GA claim. It also discourages fraud by people who may want to pretend to have injuries much later.

If you do not file the claim within the stated period, you may ultimately lose the right to request compensation. As a result, the court will automatically deny your request, and you will end up on the losing end. To avoid this, have your lawyer file the claim immediately after the accident. If more injuries are discovered before the benefits are processed, the request can always be changed. That is why it is important to notify an excellent attorney about your accident immediately after it happens. He knows what needs to be done. Even while you are in the hospital, he can prepare the documents.

What Are the Exceptions to the Atlanta, GA Statute of Limitations?

While the statute is stringent, there are a few allowances that exist in various situations. These exceptions only apply in situations such as:

  • If the injured person was underage. In case the victim was below the age of 18, then the statute will begin once they become of age. For example, if the injured was 16 years, the law will not be in effect for another two years.
  • If the injured person was mentally incapacitated. The accident may have caused damage to the brain. It may have led to a mental condition that makes it impossible for the person to pursue the case. The statute will only take effect after the patient becomes better.
  • If the injured person was away for medical purposes. An accident victim may need to travel to seek medical attention. If so, the time cap may not be in effect immediately from the time of the accident. The time may be extended so that they may seek compensation after they return to Georgia.

Why Should You Consult a Car Accident Lawyer in Atlanta, GA?

When you are involved in a car accident, time is of the essence. You need to work fast to ensure that you receive compensation for all your losses and injuries. That is why your first action should be to notify your Atlanta, GA car accident attorney about what happened. Once this is done, he can work on filing your claim. The process can then start, and you don’t have to suffer more losses. Schneider Hammers Georgia trial attorneys have experience in all matters relating to injury claims. All you have to do is to inform us about the crash. We will ensure that you get the appropriate compensation. Waiting too long only harms your chances, so it is best to start as early as possible.