In most cases, you have two years to file a lawsuit after an Atlanta truck accident. This is due to a law known as the statute of limitations, which is covered under OCGA §9-3-33.
If you violate the statute of limitations, you could lose your chance to pursue a lawsuit.
You Could Have Less Than Two Years to File
Certain details of your case could give you less time to file your lawsuit in civil court. For instance:
- If you’re filing a lawsuit against the City of Atlanta, you have six months to file, per OCGA §36-33-5.
- If you’re suing a county, then you have a year to file suit, per OCGA §36-11-1.
- If you’re filing a lawsuit against the state of Georgia, you have a year to file your lawsuit, according to OCGA §50-21-26.
Speaking with a lawyer from our firm can help you file your lawsuit before the statute of limitations expires on your case. We can determine the liable party, evaluate your situation, and pursue damages.
For a free legal consultation, call 404-214-2001
You Must File Your Case Before the Statute of Limitations Expires
Every state has a civil statute of limitations. Not only does the statute of limitations vary across state lines, but it also differs from one type of legal case to another. As noted, in Atlanta, the statute of limitations for a truck accident injury lawsuit is two years. This two-year window begins the day the truck accident occurred.
Compliance with the statute of limitations is important. If you file your lawsuit after the two-year period expires, you can expect the defendant to file a motion to dismiss right away. Typically, the court will dismiss a lawsuit with prejudice if the statute of limitations has expired.
This means it is impossible to recoup damages through the court system, and:
- You would have to pay for your losses yourself.
- The insurance company may have no reason to compensate you.
- You would be unable to sue the at-fault party.
Some Exceptions May Apply to Your Situation
There are a handful of exceptions that may apply to the statute of limitations in a truck accident lawsuit. One of those exceptions applies to minors injured in collisions. According to OCGA §9-3-90, the statute of limitations for a minor is tolled—meaning paused—until the day they turn 18.
A similar exception exists for individuals who are not mentally competent to pursue a lawsuit. Once they are found to have regained their capacity to bring legal action, the statute of limitations will begin to expire again.
State law also tolls the statute of limitations when the facts involved in an accident case are also the subject of a criminal prosecution. According to OCGA §9-3-99, the statute of limitations is tolled while a criminal case is ongoing.
How Long Do You Have to File a Wrongful Death Lawsuit?
The statute of limitations for personal injury lawsuits is the same for wrongful death lawsuits. You have two years to file your case; in this situation, the statute of limitations starts from the date of your loved one’s passing.
Your eligibility to take this type of action depends on your relationship with the decedent.
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Claims and Lawsuits Are Not the Same Thing
Sometimes, the terms “claim” and “lawsuit” are used interchangeably. However, these concepts are two very different things. A personal injury claim is when you pursue damages from the liable insurance company. A personal injury lawsuit is when you sue the at-fault party directly in civil court.
The deadline for filing a personal injury claim will largely depend on the policies set in place by the liable insurer. Generally, insurers want to be notified of an incident as soon as it happens.
Ways You Can Speed Up Your Semi-Truck Accident Lawsuit
You can help your lawyer speed up your semi-truck accident case by seeking medical care as soon as possible. They will need your medical records to establish another party’s negligence and your losses. If you require ongoing care, your doctor’s prognosis will also be important.
Furthermore, an insurer may attempt to undervalue or deny your claim if you forgo or refuse medical treatment. Make sure you follow through with your doctor-prescribed treatment plan to help you make your maximum medical recovery.
What Happens If You Miss the Deadline for Filing a Semi-Truck Accident Lawsuit?
Unfortunately, if you miss the deadline for filing your personal injury lawsuit or wrongful death lawsuit, you run the risk of seeing the court dismiss your case entirely. This could cost you your last chance of recovering compensation from a negligent party.
For example, after the deadline for a lawsuit passes, an insurance company is under no legal obligation to honor your claim. Do not let a liable party get away with causing you financial stress and painful injuries. Begin your case immediately so that a truck accident lawyer has the time to build it and hold the responsible parties accountable.
How Long Does It Take to Resolve a Truck Accident Case in Atlanta?
There is no standard timeframe for how long it will take to resolve your situation. It all depends on the strength of your case’s evidence, the insurer’s cooperation, and the cost of your losses.
Our law firm will keep you updated on your case as it progresses. We will do this by calling you on the phone and sending you messages via text message or email. We do not want you to feel pressured to accept a low settlement offer or feel rushed. Let us take care of everything while you recover from your injuries.
How Our Georgia Truck Accident Lawyers Can Help You
You already have enough on your plate when healing from your injuries. This can take a considerable amount of time and energy, yet the clock is ticking when it comes to your chance to recover compensation. You don’t have to take on your case alone, though.
An Atlanta truck accident lawyer can take on the legal process while you rest and recover. They can keep their eye on the clock when preparing your case. In some cases, they may even suggest beginning with legal action instead of an insurance claim, especially if you suffered severe injuries.
Along with streamlining your case as much as possible, they can:
- Communicate with an insurer, making sure to hold them to their own deadlines when handling your claim
- Communicate with the liable parties and their representatives
- Keep you updated on the progress of your case
- Field settlement offers to make sure they would fairly compensate you
- Represent you in a trial and seek a verdict
We take pride in helping accident victims and their families, which is why we promise to provide client-focused legal services.
Discuss the Statute of Limitations in Your Case with an Attorney
The team at Kaine Law has extensive experience with managing the statute of limitations in personal injury cases. We can pursue your injury claim without delay and help you comply with this vital deadline. You do not have to put your claim at risk.
Call to discuss how long you have to file a lawsuit following an Atlanta truck accident. Your first case review is free.
Call or text 404-214-2001 or complete a Free Case Evaluation form
