There are myriad requirements and laws to be aware of when filing an accident claim in Georgia. Among them is the statute of limitations, and this element of a personal injury case is critical to your ability to seek legal recourse for the harm you’ve suffered.
For personalized guidance and assistance with filing an accident claim, contact Flanagan Law. Our attorneys are happy to discuss the details of your case and clarify the relevant legal requirements so you can make an informed decision about the next steps.
What is a Statute of Limitations?
A statute of limitations is the legal term for the period of time you have to initiate a legal claim after an accident. This is a crucial deadline to keep track of because it is strictly enforced in Georgia. Taking action quickly after an accident is essential to ensure the statute of limitations does not run out. If the time period lapses before you file a claim, you could lose the opportunity to seek legal damages for your accident.
The statute of limitations varies depending on the type and specific details of the case. Criminal cases have varying timeframes for filing charges, while some crimes, like murder, have no statute of limitations. Civil cases have slightly less variability than criminal cases, but there are still differences depending on the type of case you plan to file.
Statute of Limitations in Georgia for Accident Claims
Typically, the Georgia statute of limitations for personal injury is two years, but there are exceptions. The clock starts counting down on the date the injury occurred. You may be able to request that the court toll the statute of limitations, which means they will pause the clock and extend the deadline. A toll is only granted in limited circumstances, such as if the at-fault party is out of the country. Complying with the deadline is crucial because a toll should not be relied on to grant you more time.
Again, there are statutory exceptions to the two-year rule. If a claim for loss of consortium is being made, the deadline extends to four years. Loss of consortium refers to an injury that causes the loss of family or relationship benefits, such as intimacy. An exception also exists for children who are harmed in an accident. In these cases, the two years start when the child turns 18 years old.
An experienced accident attorney can clarify the laws on timeframes and tell you which statute of limitations applies to your case.
Personalized Legal Guidance on Georgia’s Statute of Limitations
If you’ve been injured in an accident that was caused by someone else’s negligence or recklessness, don’t wait to look into your options for justice. Every moment you wait brings you closer to the statute of limitations deadline.
Contact Flanagan Law today to discuss your accident’s timelines and find out if you still have time to pursue legal action against the at-fault party. Schedule a free consultation with us to learn more about how Georgia’s statute of limitations affects your claim.
