If you have been hurt in a truck crash, understanding the truck accident statute of limitations in Georgia is crucial. This law establishes a time limit for filing a lawsuit after a truck accident.
Your case will be dismissed if you miss the deadline, leaving without compensation.
You should contact an experienced Atlanta truck accident lawyer as soon as possible to begin preparing a strong case. The GMV Law Group is here to help you pursue the compensation you deserve after a commercial truck collision. Contact us today for a free consultation.
What is the Truck Accident Statute of Limitations in Georgia?
The statute of limitations is a law that sets a time limit for filing a lawsuit. In most cases, the personal injury statute of limitations is two years (O.C.G.A. § 9-3-33).
The truck accident statute of limitations applies to lawsuits, not insurance claims. However, starting an insurance claim quickly is in your best interest. Your claim may be denied If you wait too long to notify the insurance company.
If settlement talks fail, you must file a lawsuit before the statute of limitations runs out.
Time Limit for Personal Injury Lawsuit
You generally have two years after a truck accident to file a personal injury claim in civil court. You will likely lose the right to pursue compensation if you miss the deadline.
Time Limit for Wrongful Death Lawsuit
For wrongful death claims resulting from a truck accident, the statute of limitations is two years from the date of the victim’s death. A family member, such as a spouse, child, or parent, may file a lawsuit to recover damages on behalf of the deceased loved one. As with personal injury claims, missing this two-year window can result in the dismissal of your case.
It is vital to consult with an Atlanta truck accident lawyer as soon as possible to avoid missing important deadlines.
Exceptions to the Statute of Limitations for Truck Accidents
While the general truck accident statute of limitations in Georgia is two years, some important exceptions may affect the time limit.
The Victim is Under 18
The statute of limitations may be paused or tolled if the truck accident victim is a minor (under 18). This means a minor has until they turn 20 to file a personal injury lawsuit. However, a parent or guardian may still file a lawsuit on the minor’s behalf before they turn 18.
The Victim Has a Mental Disability
In some cases, the statute of limitations may be paused or extended if the victim of a truck accident has a mental disability that prevents them from filing a lawsuit. This also applies if the victim is left mentally incapacitated by the accident, such as being in a coma.
The clock resumes when the victim becomes legally competent or a representative is appointed to manage their case.
The Defendant Leaves the State
If the defendant (the party you are suing) leaves Georgia before a lawsuit can begin, the statute of limitations may be extended. Generally, the clock does not start ticking until the defendant returns to the state.
Lawsuits Involving Government Vehicles
If a government vehicle is involved in a truck accident, you have a shorter window to take action. Before you can file a personal injury lawsuit against a government entity in Georgia, you must file an administrative claim known as an ante-litem notice.
For cases involving municipalities, such as the city of Atlanta, you have only 6 months from the date of injury to file the notice. There is a one-year notice deadline for cases against the county or state of Georgia.
Missing these shorter deadlines can result in losing your right to seek compensation, even if the statute of limitations for a lawsuit hasn’t expired. It’s essential to seek legal advice promptly if a government vehicle is involved.
What If You Miss the Deadline for a Truck Accident Lawsuit?
If you miss the two-year statute of limitations deadline for filing a truck accident lawsuit, the court will usually dismiss your case. You will lose the right to recover any damages.
You should contact an Atlanta truck accident lawyer as soon as possible after the accident. Your attorney can help ensure that you do not miss any important deadlines and can take action promptly to protect your legal rights.
Investigations, gathering evidence, and negotiations with insurance companies take time. The sooner you start, the better your chances of success.
How an Atlanta Truck Accident Lawyer Can Help
Navigating the legal process after a truck accident can be overwhelming, especially when dealing with the intricacies of the statute of limitations. An Atlanta truck accident lawyer can protect your rights and fight for the compensation you deserve. Here are some of the reasons to hire a truck accident attorney.
Gathering Evidence
An experienced truck accident lawyer will gather the evidence needed to support your case. This includes police reports, testimony from witnesses, medical records, and the truck’s black box data. An attorney will work to preserve evidence before it is lost or destroyed.
Settlement Negotiation
Truck accident cases often involve complex negotiations with insurance companies. An experienced lawyer can handle these negotiations on your behalf, working to secure a fair settlement that adequately compensates you for your injuries or the loss of a loved one. Insurance companies often try to offer settlements that are less than what you deserve, so having a lawyer on your side can increase the likelihood of receiving a fair offer.
Representing You in a Lawsuit
If a fair settlement cannot be reached, your attorney will take the necessary steps to file a personal injury lawsuit within the statute of limitations. They will handle all aspects of the litigation process, including filing paperwork, attending hearings, and representing you in court if necessary. This allows you to focus on your recovery while the lawyer works to secure justice.
Contact GMV Law Group for a Free Case Review
The truck accident statute of limitations in Georgia is a strict two-year deadline for filing a personal injury or wrongful death lawsuit. Missing this deadline can result in losing your ability to seek compensation, so it is critical to act quickly.
An Atlanta truck accident lawyer at GMV Law Group can guide you through the legal process, ensuring your case is handled properly and within the required time frame. If you have been involved in a truck accident, don’t wait to seek help from our experienced Atlanta injury lawyers.
Contact our team today for a free consultation by calling 404-975-4878 or completing our online form.
