Generally, you have two years from the date you were injured to file a lawsuit in Georgia. This is known as the statute of limitations. If you wait until the statute of limitations expires, you will be forever barred from bringing your case to court and it is extremely unlikely that you will ever recover damages for the injuries that you sustained in the car crash.
Exceptions to the Georgia Statute of Limitations
Georgia law provides for a few exceptions to the general two year statute of limitations. Specifically, the time you have to file your case in court may be extended beyond the typical two year limit if:
- You were under the age of 18 when you were hurt. Generally, if your parents or guardians failed to take action on your behalf, you have two years from the time you turn 18 to file a personal injury case.
- You were mentally incompetent at the time that you were hurt. If you were mentally incompetent at the time of your injury, the statute of limitations may be tolled and begin running when you are mentally competent to make important legal decisions on your own behalf.
- The defendant was in bankruptcy. In some cases a bankruptcy may toll, or extend, the statute of limitations.
However, you shouldn’t count on an exception applying in your case.
And You Shouldn’t Wait Until Your Time Is Almost Up to Take Action
There are two important reasons to take action quickly after a car crash. First, it may be easier to find evidence that will be helpful to the outcome of your case closer to the time of the crash. Second, you may recover damages sooner if you pursue a claim sooner. Accordingly, we encourage you to protect your rights and take action quickly after a Georgia car accident leaves you injured.