Call Ian Brendel at 251-301-0749 to discuss your Georgia accident/injury claim
Do I have time deadlines to file suit if I was injured in a car/truck wreck in Georgia?
YES! Georgia law imposes time periods to bring negligence lawsuits for car and truck wrecks. Under Georgia law, a competent person filing a lawsuit for negligence causing injuries in a car/truck wreck has a 2 year statute of limitations from the date of the act/omission. Failure to file a lawsuit within the prescribed time limitation legally acts to time bars the injured person from filing a claim. This means if a lawsuit is filed outside the time limitation period, the Court will dismiss the lawsuit after a proper motion is made and heard by the Court.
Are there different time deadlines if a minor/child was injured in a car/truck wreck in Georgia?
YES! The exception to the 2 year time limitation period for minors allows the statute of limitations to be tolled (or extended) until the minor becomes an adult at 18 years old, and reaches the age of majority in Georgia. Thus, if the injury occurs to the minor in Georgia, the 2 year time limitation begins to start at his/her 18th birthday. However, if there is a claim for medical bills incurred by the minor, that claim belongs to the parents, and must be filed within the 2 year limitation period. Note that this is for negligence claims only. Different time periods may apply to different claims, thus you should contact a lawyer to discuss what time period applies to your case.
Do different legal requirements apply if I am involved in a car/truck wreck involving a City, County or State vehicle in Georgia?
YES! If a claim is being a file against a driver or operator of a city, county or state vehicle in Georgia, the claimant must submit a written notice of claim within the statutory prescribed time limits.
State Government Claims: For claims against the State, the written notice must be presented within 12 months after the claim accrues, and must be submitted to the head of each state agency involved, and to the Risk Management Division of Administrative Services. A lawsuit must be filed within 2 years, but not less than 90 days after the written notice of claim has been presented.
County Government Claims: The written notice of claim must be presented to the County Commission within 12 months after the claim accrues and prior to filing a lawsuit against the County.
Municipal/City Government Claims: The written notice of claim must be presented within 6 months, and then the claimant must wait 30 days after the claim is presented before filing a lawsuit.
Disclaimer: Please note that the above information is not a comprehensive summary of the laws relating to injury claims in Georgia against government and non-government entities, and may change from time to time due to new laws and/or rules being implemented by the Georgia legislature and the Courts, thus you should contact a lawyer to explain the nuances of Georgia laws that may apply to your case. This is not legal advice, and is merely provided for information purposes only. You should consult a lawyer to discuss your claim independently, and you should not rely exclusively on any information provided here.