How Long After An Accident Can You Sue For Personal Injury?
The legal timeline for filing a personal injury lawsuit after an accident depends on state law and the case specifics. Keep in mind that state statutes of limitation impose strict deadlines to take legal action after incidents.
This crucial legal phrase refers to the specific time limit plaintiffs have to file claims or lawsuits seeking damages compensation.
Missing your state’s prescribed deadline forever extinguishes your ability to recover losses from the responsible parties, regardless of who’s at fault. Our personal injury and car accident lawyers can help you determine your exact expiration date based on local statutes. Take immediate steps to secure representation and pursue compensation before you inadvertently run out of time.
Here’s What You Need To Know
In Georgia, property damage lawsuits must be filed within four years of the accident date under the statute of limitations for property damage. But for personal injury cases, you have two years from the date of loss to file the initial claim under Georgia’s statute of limitations for personal injury.
The discovery rule allows the 2-year clock to start running once the injury is discovered, not necessarily on the accident date, if circumstances warrant. For minors injured, the 2 years begin when they turn 18. And for those with mental handicaps, it’s 2 years from recovery of competence.
However, the court can make exceptions in some cases if the evidence supports extending the time limits. But it is risky to rely on exceptions.
Even if a case is accepted beyond the time limits, a lack of evidence due to the extended delay can jeopardize winning compensation.
Suing Public Entities For Personal Injury in Georgia
In Georgia, the statute of limitations for personal injury claims is generally two years. However, exceptions exist that experienced attorneys can advise on if applicable. For instance, claims against government entities like municipalities often carry tighter restrictions, requiring prompt notice of claims.
Per Georgia code, injuries caused by cities, counties, or other government agencies must be reported within 6 months, much sooner than the standard two years. This protects the public purse by allowing swift investigation. Additionally, deadlines for minors don’t begin until age 18, while incapacitated adults get two years from recovery of competence.
These exceptions highlight the need to consult qualified legal counsel immediately regarding statutes of limitation.
Calculating Damages and Medical Expenses From an Auto Accident
Calculating damages for a Georgia personal injury lawsuit after a car crash involves documenting all costs tied to the defendant’s negligence. Medical bills make up the bulk of expenses, covering treatment, medications, assistive devices, and any required ongoing care.
Property losses, lost income, and other tangible accident impacts also quantify economic damages. To fully account for losses, emotional harms like pain and suffering warrant financial compensation as well.
Contact Atlanta Personal Injury Attorney Today
While your personal injury claim may be strong, failure to abide by the procedural requirements and statutes of limitations can bar you.
Consult with an experienced Atlanta personal injury lawyer as soon as possible after an accident to ensure you take legal action within the appropriate time frames based on the details surrounding your injuries and ability to file a claim. The attorneys at Spaulding Injury Law offer free consultations to review your options. Contact us today with your case.
When you become our client at Spaulding Injury Law, you’ll be represented by a thoroughly experienced Atlanta personal injury attorney like Theodore A. Spaulding. For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury cases, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
Mr. Spaulding has been named one of the Top 100 trial lawyers in Georgia by the National Trial Lawyers for six successive years.
He is honored as a lifetime member of the Million Dollar Advocates Forum ® by the Top Trial Lawyers in America ®.
Charter Member of the Distinguished Justice Advocates.
Member of the Atlanta Bar Association.