Each case that comes through a Georgia court has a Statute of Limitations. This statute outlines the time an individual has to file a claim in regards to their grievance under Georgia law. After the Statute of Limitation expires, the legal right to pursue a lawsuit to recover compensation may be lost and the right to pursue justice in a court of law may no longer be an option.

Dealing in the aspect of Personal Injury law, Georgia residents should specifically be aware of the Statute of Limitations in regards to automobile accidents and the claims that they may entail. Here’s what all residents should know about Georgia’s Statutes of Limitations for auto accidents, including the proper steps to take when dealing with this issue and when to consult an auto accident attorney.

Statutes of Limitation for Property Damage

Car accidents that occur Georgia will be operating under Georgia law. In Georgia, parties have up to four years to pursue a claim for damage to their cars or personal property.

Statutes of Limitation for Personal Injury Claims

Those injured in a car accident have an even shorter time frame in which to consult a personal injury attorney to file a lawsuit for personal injury recovery. The Statutes of Limitation in Georgia for personal injury recovery from an automobile accident is two years. The court calculates this two-year statute starting from the day the automobile accident in which caused the injuries occurred. Furthermore, the statute timelines for personal injury claims involving automobile accident against a municipality or the state of Georgia have an even shorter filing window. In fact, those who have a personal injury claim against a city or county in Georgia must file a lawsuit within six months of the injury date, while Georgia requires a lawsuit against the state to be made within one year of the date of injury.

However, although the two-year Statute of Limitations for personal injury claims may seem like a strict amount of time, it only applies to those older than age eighteen. Therefore, minors who have been injured in an accident have up to two years to file a personal injury claim after they either turn eighteen or become emancipated from their parents by marriage. For example, a child who was injured in an accident at age five can file a claim up to fifteen years after the accident and the Statute of Limitations would thus expire when he or she reaches the age of twenty. Although this law, known as a “tolling provision”, gives more time for a minor to file a claim, it is still important for the parents of the minor to seek counsel as soon as possible, for these laws are often complex and filing a claim can be very time-consuming.

When to Consult an Auto Accident Attorney

While two years may seem like a long period of time to many, those who have been injured or have property damaged in a car accident should consult a personal injury attorney right away. Dealing with these types of claims can be a very long process and the Statute of Limitations for these claims can come up unexpectedly. By promptly seeking a qualified attorney, an individual can ensure that they are properly prepared for a personal injury or property damage claim.