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Car Crash Statute of Limitations

Car Crash Statute of LimitationsLaws known as statutes of limitations determine the time you have to file a lawsuit. In Georgia, people injured in car accidents caused by another person or entity’s negligence generally have just two years from the date of the crash to bring a personal injury lawsuit against the at-fault party.

However, there are some exceptions. Failing to file the lawsuit in the time frame specified by the statute of limitations can have insurmountable consequences.

While most car accident cases must be filed within two years, the statute of limitations for claims against the government can be much shorter. For example, if you were hurt in a collision with a city or county vehicle, you have only six months to file a formal personal injury claim. Car crash lawsuits against the state of Georgia have a standard two-year filing deadline.

Other exceptions to the two-year statute of limitations for car accident claims include cases involving:

  • Underage victims. If the injured person is a minor, the statute of limitations is “tolled”—or paused—until they turn 18.
  • Legally-incompetent victims. If someone was legally incompetent at the time of the crash, the statute of limitations is tolled until he or she is determined to be competent.
  • Out-of-state defendants. If the person who caused the accident left Georgia before the victim had a chance to file a lawsuit, the statute of limitations is tolled until the at-fault party returns.

Aside from these specific exceptions, the statute of limitations laws aren’t forgiving. Individuals who attempt to file a lawsuit after the mandated deadline expires have their cases dismissed without being heard. This means they’ve forfeited their rights to pursue a legal remedy and whatever compensation to which they might have been entitled.

You Deserve Experienced Legal Guidance

After being Injured in an accident, it’s important to discuss your legal rights and options with an experienced car accident attorney as soon as possible. Even if you’re still within the statute of limitations, waiting too long to take legal action increases the chance that witnesses could become unavailable or evidence could be lost or contaminated.

Don’t let this happen to you or your case. Contact the skilled team at Van Sant Law today to schedule an appointment for a free initial consultation.

Client Reviews
★★★★★
From the first time I called them to the current status of my case, has been by my side through it all. I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher! Hilary
★★★★★
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. David and his crew worked so hard to come to a great conclusion on my case. Thank you David, Michael and everyone in the office. Mary
★★★★★
Attorney David M. VanSant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney VanSant and his team of professionals dedication and quality of service, my life is back on track. Let the VanSant team handle your case! You're in good hands. Crystal