In Georgia, anyone who is hurt or suffers other losses in a car crash that someone else caused has a legal right to pursue financial compensation from them. And being involved in a motor vehicle crash can lead to significant medical expenses, and if you have to take off work while you’re recovering, you could also lose your main source of income for a period of time. Through a personal injury lawsuit, you can seek financial relief and hold the at-fault motorist accountable for their negligence.
However, you only have a specific amount of time to file a personal injury lawsuit in Georgia. This window of time is known as the statute of limitations.
Statute of Limitations for Personal Injury Lawsuits in Georgia
If you were injured in a car accident that was caused by another person’s negligence in Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit against the at-fault party. If you fail to take legal action before the statute of limitations has passed, then the court will most likely refuse to hear your case, and you will forfeit your right to pursue compensation through the legal system.
It’s important to note that you only need to initiate the legal process by filing a complaint with the appropriate court. Your case does not have to be resolved within the two-year time limit set by the statute of limitations.
If you fail to find a lawsuit before the deadline passes, you could also lose bargaining power with the at-fault party’s insurance company. Throughout the claims process and during settlement negotiations, you can use the threat of a lawsuit as a bargaining chip. However, if the insurance company knows that you cannot take legal action against them, then they are much less likely to offer you a generous settlement.
There are some exceptions to the two-year statute of limitations on personal injury cases in Georgia. In some cases, the statute of limitations can be extended, or “tolled.” For example, if you are under 18 years of age, the statute of limitations will be tolled until you become a legal adult. You will then have two years to file your lawsuit against the at-fault party.
Likewise, if a crime was committed during the course of the accident, the statute of limitations could be tolled beyond the typical deadline. For instance, if you were hit by a drunk driver, the statute of limitations may not begin until the drunk driver has been prosecuted for their offense, as long as this occurs within six years. Once the drunk driver’s case is closed, the two-year statute of limitations will begin.
Time Limit to File a Claim Under the Georgia Tort Claims Act
If you were involved in a car accident that occurred because of the negligence of a city employee or agency, then you could file a claim with the local government. Many states have sovereign immunity and cannot be sued if someone is injured due to their misconduct. But Georgia had waived its sovereign immunity rights in some situations.
The Georgia Tort Claims Act establishes that the state will waive its sovereign immunity “for the torts of state officers and employees while acting within the scope of their official duties or employment, and shall be liable for such torts in the same manner as a private individual or entity.” In other words, the state can be held liable for injuries that occur due to a government employee’s negligence, just like any other negligent civilian can be.
There are exceptions, however. For instance, if a government employee was acting outside the scope of their job duties at the time you were hurt, the state cannot be held liable for any injuries you suffered. Rather, you would bring a personal injury lawsuit directly against the person who caused your injuries. You can read a list of all the exceptions outlined by the Georgia Tort Claims Act here.
The statute of limitations for a claim against a government entity is different from the statute of limitations in most personal injury cases, and the amount of time an injured person has to file a claim against a local government varies by city. In Atlanta, as in many Georgia cities, you must provide notice to the city of your intent to file a complaint within six months of the accident.
If you are filing a claim against the state government, you have 12 months to provide written notice to the Department of Administrative Services (Risk Management) via mail or in person. You can only file a lawsuit against the state government if your claim is rejected or if at least 90 days have passed since you submitted your written notice, and you have not received a decision.
Recovering Damages in a Car Accident Lawsuit
Depending on the specific losses you suffered, you could seek financial and non-financial damages through a personal injury lawsuit.
You can be compensated for ongoing losses and future losses, including:
- Medical expenses and rehabilitative care costs
- Lost wages
- Future lost income if you were disabled by the accident
- Physical and emotional pain and suffering
- Loss of quality of life
- Property damage
Working with a personal injury attorney can significantly improve your chances of recovering fair financial relief. Your attorney will help you determine the total value of your lawsuit, negotiate with the at-fault party’s insurance company on your behalf, and represent you in court if necessary.
Contact a Duluth Car Accident Lawyer Today
Did you suffer injuries in a car accident due to another person’s carelessness or misconduct? If so, contact a Duluth car accident attorney at Brauns Law Accident and Injury Lawyers, PC, right away. During a free consultation, we will explain your rights, evaluate your situation, and help you determine how to move forward.
Our attorneys have the resources to ensure that all of your paperwork is properly filled out and submitted before the statute of limitations passes. Call us today or reach out online to learn more.
