If you’ve been injured in a car accident, you are most likely overwhelmed by worries…
Suing After An Auto Accident
Most states have specific laws that govern this process, so it is ultimately up to the individual to do their research and find out what steps they need to take to make a case. If you are not sure whether or not you should file a case, it is always important to consult with an experienced car accident lawyer before making any decisions.
In Georgia, the Statute of Limitations for filing a claim is 1-3 years post-incident, depending on the type of contract. The Georgia State legislature determines the Statute of Limitations for each contract type. Common types of contract are personal injury, property damage, and breach of contract.
In most cases, a personal injury lawsuit requires you to file a case within two years from the date of injury. If you wait too long, you may not have the opportunity to pursue a successful case.
When Does the Statute of Limitations Begin in Cases of Injury?
In cases of injury, the statute of limitations begins on the day of the automotive accident. The Georgia Supreme Court has ruled that the statute of limitations begins to run when the injury occurs, no matter how long it has been since the accident.
When Does the Statute of Limitations Begin in Cases of Death?
In Georgia, the statute of limitations takes effect at the time of death, not the time of the accident.
Does the Statute of Limitations Apply to Insurance Claims?
The statute of limitations does not apply to insurance claims in cases of car accidents in Georgia. Irrespective of Georgia’s Statute of Limitations on car accident claims, your insurance policy may have a different time limit. For example, if you were a passenger in a car that was involved in a car accident, your insurance policy may have a time limit of three years.
However, if your car was the one that hit another vehicle, your policy may have a time limit of sixty days. In other words, the statute of limitations does not apply to insurance claims in Georgia, but the time limit on your policy may vary depending on the specific vehicle accident. If you're curious about whether the statute of limitations applies to your specific car accident, you should speak with your insurance company or attorney.
Should I Sue for a Car Accident?
There is no definitive answer to this question. Some people may choose not to sue after a car accident in Georgia because they feel that they have already suffered enough from the accident. Other people may choose to sue after a car accident because they believe that they may have been wrongfully injured in the accident.
The decision to sue after a car accident in Georgia will ultimately come down to factors such as the severity of the injury, the fact that the person was driving when the accident happened, and whether or not the person has any other legal claims against the involved party.
Should I File a Lawsuit Immediately After the Accident?
Once again, there is no one-size-fits-all answer to this question. There are cases where you should file a lawsuit immediately after the accident, and there are other cases where you don’t have to. For instance, where it is necessary to approach the courts in order to get records from the other driver, you have to do so immediately. If, however, there is acceptance of negligence on the party of the other party and there is no disagreement in the amount of damage caused to your vehicle or medical bills incurred, then it’s ideal to delay filing a lawsuit.
This gives time for the settlement to take place. In most cases, it is not recommended to wait too long after a car accident to file a lawsuit. Many people find that it is better to file a claim as soon as possible to receive the maximum compensation possible. Factors that should be weighed in order to decide when to file a lawsuit include the severity of the injury, how long it will take to process the claim, and the financial resources available to the plaintiff.
Filing a Lawsuit
Filing a lawsuit as soon as possible will allow you to receive the compensation you deserve and help protect your rights. When you're formally filing a lawsuit in Georgia, you will likely need to submit a summons and complaint. The summons will notify the other party of your intention to sue, and the complaint will give the other party the opportunity to object. Once you have received an objection from the other party, you will need to file a lawsuit. The process of filing a lawsuit is different depending on the type of lawsuit you're trying to file.
Personal Injury Lawsuit
If you're trying to file a personal injury lawsuit, you'll need to go through the same steps as when you file a summons and complaint.
Class Action Lawsuit
If you're trying to file a class-action lawsuit, you'll need to contact an attorney. There's no set time frame for when you'll receive a response from the other party, so it's important to speak with an attorney to find out what the process will be.
Using a Personal Injury Lawyer
There are a few different ways to file a lawsuit in Georgia. The quickest and most common way is to contact a personal injury lawyer or a car accident lawyer in your area and ask them to help you file a case. Many lawyers are happy to process cases quickly and provide helpful resources and advice. Another option is to go through the state court system. This system can be more complicated and may take longer than the federal court system, but it can offer more money in damages and punitive damages.
How Long Will It Take for Me to Receive a Settlement?
There is no set time frame for when a settlement will be awarded following a car accident in Georgia. However, typically, settlements are awarded within a three to six-month window following the filing of a lawsuit. Once the lawsuit is filed and the case proceeds through the court system, it can take some time for the judge to rule on whether or not a settlement can be awarded. If the case goes to trial, it can take even longer for the judge to decide on a verdict. Some cases take years to settle.
Contact Us to Find Out How Long You Can Wait to Sue After a Car Accident in Georgia
If you have questions about the Statute of Limitations for your particular situation, you should always consult with one of our experienced lawyers. At The Fitzpatrick Firm, we have experienced car accident lawyers that always have your best interests at heart. Call us at 678-607-5550 for a free consultation.