The Georgia Department of Transportation reported 387,444 car accidents in 2021. These crashes led to about 2,000 fatalities, while more than 490,000 sustained injuries because of others’ negligence. If you are involved in a car crash caused by another person’s negligence, you can sue them to recover compensation for losses and damages.
However, you must act proactively before your case becomes time-barred. In most cases, victims have two years to institute a suit. This deadline is known as the “Georgia auto accident statute of limitations.” Some exceptions can shorten or lengthen the two-year deadline.
This article discusses the legal impact of the statute of limitations in Georgia:
Disabilities After the Accident
Personal injury attorney Rustin Smith of Smith Hulsey Law states that many a time, victims of car accidents go into a coma after suffering catastrophic or traumatic brain injuries (TBIs). The timeline will pause when you are mentally unstable. The law expects that you cannot institute a suit under such conditions. The statute of limitations will pause if you become disabled after the mishap until you are relieved. The disability may not necessarily be related to the auto accident.
The Timeline You Must Act Within After an Accident
The statute of limitations for car accident claims in Georgia is two years. You must file any lawsuit from an auto collision in Georgia within two years of the crash date. If you fail to act within the timeline, you may have to forfeit your legal rights to demand compensation. Act proactively and seek legal guidance from a local personal injury attorney to make an informed decision.
Eight Exceptions to the Georgia Car Crash Statute of Limitations
As observed earlier, the general statute of limitations for auto accidents in Georgia is two years. However, the timeline in the state can be shorter or longer, depending on several factors. This section highlights eight exceptions to the two-year time limit:
Legal Incompetence of Plaintiff During the Crash
If an accident victim is disabled or mentally unstable during the accident, the statute of limitations will not start counting immediately. Instead, the two-year mark begins to tick after their recovery. Disabled or mentally ill persons are legally incompetent. So, the timeline begins only when the victim becomes legally competent to file a case.
The Legal Age of the Plaintiff
The legal age for instituting a lawsuit in the United States is 18. If you are involved in an accident in Georgia before this age, the statute of limitations will not start counting until after your 18th birthday. Since the court will not entertain your complaints as an underage person, you will have to wait until you are legally mature to institute the case. In this instance, the case becomes time-barred when you turn 20.
Fraud or Manipulation
Sometimes, defendants manipulate plaintiffs to file a suit against them or another party. If you have ever experienced this, Georgia law does not count this period—when the defendant manipulates you to act against your will. The two-year timeline begins to count when you realize the defendant has played a fast one on you.
Property Damage
If you only want to recover compensation for property damage, Georgia law gives you four years to institute a case against the defendant.
Unresolved Criminal Prosecution
You have six years to institute a claim if an accident-related matter is pending. A DUI charge is a typical example of such an unresolved case. You cannot file a lawsuit against the defendant until their ongoing criminal prosecution ends. Once the case ends, the state gives you six years to bring your case against the defendant.
Case Against Your Municipality or City
You must institute a special notice within six months after a crash before you file a claim against your municipality or city. The two-year deadline often pauses while the case is still with the city authorities. The initial six months are not part of the statute of limitations.
Case Against the State or County
Those who want to institute a case against a county in Georgia often have a year from the date of the incident to take action. The shortened timeline also applies to any legal action against the state, such as a situation in which you want to sue the state for poorly maintained roads that caused your accident.
The Actions You Should Take After a Mishap
You must report the accident to the police and file an insurance claim before approaching the court. Georgia law mandates accident victims to report the incident to the concerned authorities immediately. Those who violate this law may face sanctions. Understandably, some sustain severe injuries or become unconscious after an accident. In that context, you can wait until you are stable before reporting the mishap. However, it is tricky to depend on this cushion due to the complexity of the law. A stitch in time saves nine.
After a crash, you have to file a claim with the guilty motorist’s insurer. Though there are no strict deadlines, you must note that filing a claim early on will give you time to negotiate extensively with the at-fault party’s insurer. Also, instituting a claim with the insurance firm does not affect the timeline for initiating a lawsuit. Quickly filing a claim will help determine if you need to file a lawsuit. If the insurer is unyielding, you can explore the court option.
Choosing the Right Legal Representation for Your Case
Getting a local personal injury lawyer to guide and represent you after an auto accident can be a game-changer. Georgia personal injury law is complex, and you need an expert to interpret it. The lawyer knows how to defend your rights and pursue justice vigorously. They will guide you through the case and advise you on the optimal decision at the right time. For instance, personal injury attorneys are skilled negotiators, while insurance companies are known manipulators. Wise clients allow their attorneys to negotiate on their behalf. The lawyer knows when to end the negotiations and approach the court if the insurer is offering an inadequate settlement. Most importantly, they know the statute of limitations for each case. Hence, they race against time in all circumstances. They will prioritize your interests throughout the case.
