How long do I have to file a lawsuit after a car accident?
Have you recently been involved in a car accident? You may be wondering when to file a car accident lawsuit to collect all of the damages that you are entitled to by law.
It’s important to know that there is a time limit on filing a lawsuit in Georgia. Outside of the allotted window of time, you will likely not be able to collect any damages at all.
Generally speaking, Georgia’s statute of limitations states that a personal injury lawsuit needs to be filed within two years of the date of the accident. For recovery of personal property, which includes your vehicle and other personal possessions that were damaged during the accident, you’ll have up to four years to file.
How Georgia’s Statute of Limitations Works for Car Accidents
According to O.C.G.A. § 9-3-33, personal injury and wrongful death claims, which are common in car accident cases, need to be filed within two years of the date of the accident. For loss of consortium claims, you have four years from the date of the accident. Loss of consortium can be claimed when a family member experiences personal losses after an accident that causes an injury or death.
For personal property damages in Georgia, you’ll need to reference O.C.G.A. § 9-3-32, which states that these types of damages need to be brought to the local court within four years. Personal property damages can include vehicle damages, such as repairs, replacements, or a totaled car, as well as personal possession damages that were a direct result of the accident.
Common Damages to Sue for After a Car Accident
When a person decides to file a lawsuit after a car accident, it is often after a car accident where severe damages have occurred. Who is at fault may be unclear, or a person may have received a low settlement offer from the insurance company.
There is a wide variety of damages that can be recovered with a lawsuit after a car accident. These damages include:
- Property damages
- Lost wages
- Medical costs
- Physical, mental, and emotional pain and suffering
- Other non-economic damages
- Wrongful death
All of these damages require adequate documentation and evidence in order to collect compensation through a lawsuit. One must provide evidence of related bills, treatment, lost wages, and more. Plus, the party that sues must not be responsible for more than 50% of the accident and must be able to prove that the other party’s negligence is the direct cause of any damages that are claimed.
The Role of a Lawyer in a Car Accident Lawsuit
Hiring a lawyer is crucial to forming the best case possible and getting all of the compensation that you deserve in your lawsuit. The path ahead may be unknown, but an experienced Atlanta car accident lawyer will be your guide and consultant no matter the road you may face. If your lawsuit ends up going to trial, you’ll need to have a top attorney to fight for justice on your behalf.
Proving the negligence of the other party is often difficult without the help of a good attorney. You must know the ins and outs of proving the fault of the other party, so you can be sure to receive reimbursement for all costs related to the accident and damages you’ve incurred.
Plus, when you have questions throughout the process, a lawyer will have answers.
Contact Haug Law Group Today
Ready to discuss your case with a top Atlanta-area car accident lawyer? The Haug Law Group is ready to hear from you and provide a free consultation at your convenience. Call us today at 1-844-428-4529 or send us a message to get in touch now!