How long do I have to file a lawsuit after a car accident?

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file a lawsuit after a car accident

If you are considering filing a lawsuit after a car accident, you may be concerned that too much time has passed since the accident. Or, you might simply want to know how quickly you need to move on a car accident claim. You may have experienced significant damages and are ready to get the compensation you deserve.

In Georgia, you need to file personal injury and wrongful death claims within two years of the accident. For personal property damage claims, you have up to four years from the accident.

If you are still within the timeline allotted by the Georgia General Assembly and are less than 50% at fault for the accident, hire a lawyer and begin pursuing a lawsuit to collect compensation. When the initial insurance settlement doesn’t cover your expenses, this is the best action to take.

Georgia Statute of Limitations for Car Accident Cases

Georgia’s statute of limitations determines the amount of time that you are allowed to file a lawsuit after a car accident and collect compensation for damages. O.C.G.A. § 9-3-33 states that any personal injury or wrongful death claim must be filed within two years of the accident date.

Wrongful death claims often accompany loss of consortium claims, when a family member experiences significant losses after a loved one’s death. According to the statute of limitations, loss of consortium claims need to be filed within four years of the accident’s date.

O.C.G.A. § 9-3-32 covers the statute of limitations regarding personal property damages, and it states that you need to bring all personal property damages to the court within four years of the accident. Personal property damages include any damage to your car or personal possessions. For example, you can ask for the full price of a totaled car or full reimbursement for car repairs.

Common Car Accident Damages

You may be wondering what other common damages apply to you. Before filing a lawsuit, analyze any damages you’ve suffered to ensure you’re compensated in full for your losses. 

To sue for damages, you’ll need a strong case with evidence of each damage. Evidence can be pictures or videos from the scene of the accident, medical documentation of an injury or condition, and more. The more evidence you have and the earlier you start collecting it, the better.

As a result of a moderate to severe car accident, one or both parties may experience common car accident damages like:

  • Property damages, such as damage to your personal belongings or your car
  • Lost wages – Commonly due to an injury from the accident (mental or physical)
  • Medical costs from injury treatment
  • Wrongful death – When a loved one dies due to the negligence of another
  • General damages, including pain and suffering, mental anguish, and more

Your car accident case is unique. You need a top lawyer like Mike Rafi to help you iron out the details of your claim, build a strong case, and get the compensation you deserve.

How to Get Started Filing a Car Accident Lawsuit

Before filing a car accident lawsuit, you need to make sure that legal action is the right path for you. You may need to file a car accident lawsuit if:

  • Serious injuries and/or property damage occurred
  • The accident caused a death
  • The fault of the accident is unclear
  • The initial settlement offer won’t cover your actual expenses and losses

Meeting with an Atlanta car accident lawyer is a great way to figure out if a car accident claim and lawsuit are right for you. Many car accident lawyers like Mike Rafi offer free consultations to discuss your case. They typically operate on a contingency fee basis, which means that they don’t get paid until you do.

During a free consultation, Mike can review any evidence you have, including the police report and other documentation. You can start to learn what your options are, where your case may go, and what you need to do to get started. Once you’ve determined that this is the right path for you, work with Mike to file a lawsuit after your car accident to lay claims against the at-fault party.

You will be given a timeline of events and will begin to plan out your next steps. Mike will help you understand your involvement every step of the way and can answer any questions you have throughout the process.

Get In Touch with Top Lawyer Mike Rafi Today

Mike Rafi is a trusted car accident lawyer in Atlanta. He will help you get through this difficult time and get you the compensation you deserve. No matter the details of the accident and the damages that you’ve experienced, you will have a strong team by your side to fight with you through it all.

Get your free case evaluation by calling Mike at 404-948-3311 or send Rafi Law Firm a message now to get started!

 

2020-11-18T12:21:25-05:00