Although there are exceptions, generally an individual has two (2) years from the date of an accident to file a lawsuit to preserve their claims. A claim with an insurance company can be filed right away; however, if the claim has not been settled and a lawsuit has not been filed within two (2) years of the date of the accident the rights associated with the claim will likely be forever extinguished.
The law in Georgia governing the time period during which you must file litigation to preserve rights related to an auto accident is referred to as the statute of limitations and found in the Official Code of Georgia Section 9-3-33, which states:
§ 9-3-33. Injuries to the person; injuries to reputation; loss of consortium; exception
Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.
Some important exceptions do apply. For example, claims against governmental entities such as a local, county or state government agency require the submission of a notice of a claim sooner than two (2) years. In some cases, such notice must be sent within six (6) months of the date of the accident.
The information contained in this article relates to claims in the State of Georgia. The statute of limitations varies from state to state, and the time period during which an individual must file litigation to preserve their rights may be different than the time period described in this article.
It is important to speak with an attorney about your accident as soon as possible to preserve your rights. Jamie Hernan of the Hernan Law Firm is available to speak with you 24/7 any day of the year.
Call (678) 275-4000 and speak to the Hernan Law Firm.
We are never closed and always stand ready to serve our clients.