Truck accidents are some of the most devastating, often leading to numerous injuries and losses that can follow a person for years of their lives.
If a truck driver causes your accident, you may be able to pursue legal action against them with the help of a Duluth truck accident lawyer. However, you must do so within the statute of limitations for a truck accident claim.
Statute of Limitations in Georgia
The statute of limitations in Georgia for a truck accident is two years from the date of the injury in most situations. This means that you have two years from the date of the truck accident to file a lawsuit in court for the damages you have. If you wait longer than this, you may be unable to recover the damages owed to you because the at-fault party is no longer held responsible.
The statute of limitations is meant to provide for efficient loss recovery and ensure that people cannot seek legal action years after an accident occurs.
This is a very specific rule, and most of the time, if you do not meet that limitation, chances are good you will be unable to recover damages. Two years is not as long as you may think, though.
This time limit moves quickly after an accident. You may not be able to file a claim until you have recovered as much as you are going to, and you may be struggling with the insurance company before you file a claim to acknowledge your losses. For this reason, if you were hurt in a truck accident, contact an attorney immediately to pursue the full and fair compensation you are owed.
For a free legal consultation, call 404-951-3513
What You Need to Know About the Statute of Limitations in Georgia
The statute of limitations falls under Georgia Code §9-3-33. It applies to all types of car and truck accidents and most other types of personal injury. If you have been in a truck accident, aim to abide by this two-year rule to protect your right to full and fair compensation.
There are limited situations where this time could be slightly longer. For example, if you were a minor at the time of the accident or you were mentally incapacitated for a duration of that period of time, the two-year period may be extended. If any instance of fraud exists, and you are the victim, you may also have longer to take action.
There are also opportunities to extend this period of time in situations where the medical problem you have or the complications from the truck accident are not realized right away.
If it takes longer to discover that the incident occurred, a court may extend this length of time for you. Keep in mind that it is not common for this to happen.
The Statute of Limitations Is Not Related to Insurance Claims
One of the mistakes many people make is that they believe they have two years to file an insurance claim after an at-fault party causes their injuries. That is not the case, and in many cases, you may only have a matter of months to do so. The statute of limitations discussed here applies to civil court cases created when you file a lawsuit against the at-fault party.
Insurance companies can set their own timelines for responding to insurance claims, and if they are not fair to you, that is something your attorney can help you fight.
Keep in mind that insurance companies do not want to face lawsuits because they are far more expensive. For that reason, they will work with you if you have a verifiable injury caused by the negligence of another person who holds an insurance policy through that insurer.
Note the importance of filing a claim with the insurance company quickly. The longer you wait, the more challenging it is for you to recover the damages you are owed because evidence becomes harder to find and witnesses become less available.
Instead of waiting, contact a personal injury attorney right away to pursue full and fair compensation for your losses, and read our FAQs to learn more.
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Seek Legal Guidance Before You File Your Claim
Filing a truck accident claim in Georgia is often a necessary step in recovering the losses you have due to the mistakes of the driver, trucking company, or other at-fault party.
Yet, it is often wise to do so with the help of your attorney rather than trying to file an insurance company right away. There are several ways your attorney can help you with the claims process and filing a lawsuit when necessary:
- Determining all parties at fault: In truck accidents, it is common for more than one party to be responsible. You need the evidence to back up those claims.
- Calculating all of the losses you have: This includes current and future medical bills, pain and suffering losses, and others you have.
- Developing a clear strategy for maximizing compensation: Your attorney will help you build a strong case to recover as much as possible by exploring additional evidence and speaking to medical experts.
- Filing a lawsuit when needed: If the insurance company will not settle, your attorney will file a lawsuit on your behalf.
- Represent you in a court of law: If your case goes to court, you need a trusted attorney who will remain by your side throughout the process and fight for your rights.
Do not wait to take action. Delaying your claim or lawsuit could put you at risk of not receiving the compensation owed to you. Instead, call our firm now to find out what a personal injury lawyer does for you.
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Set Up a Free Consultation with a Truck Accident Attorney to Learn More
Turn to Slam Dunk Attorney Injury Lawyers for the legal guidance you need after a truck accident. The statute of limitations gives you two full years from the date of the incident, but you need to act now.
Call our Duluth truck accident lawyer to learn more about your rights and to request a free consultation.
Call or text 404-951-3513 or complete a Free Case Evaluation form
