What is the statute of limitations for filing a pedestrian accident case? In Georgia, injured pedestrians generally have two years from the accident date to file a personal injury lawsuit.
Missing this deadline could prevent your Duluth pedestrian accident lawyer from recovering compensation for medical bills, lost wages, and other damages.
How the Statute of Limitations Affects Pedestrian Accident Claims
If you were injured in a pedestrian accident, your Duluth catastrophic injury lawyer has a limited amount of time to file a lawsuit. Statutes of limitations establish strict deadlines for taking legal action, and missing these deadlines can prevent you from recovering compensation. Filing a claim within the legal timeframe is essential to ensuring your right to seek damages.
Waiting too long to file a claim may result in losing your ability to recover financial compensation. If you delay, evidence may be lost, witnesses may forget key details, and the insurance company may challenge the validity of your claim. Acting quickly helps preserve critical evidence and ensures that your case is as strong as possible.
O.C.G.A. § 9-3-33 sets a two–year statute of limitations for personal injury claims in Georgia. This means that if you were injured in a pedestrian accident, your Duluth car accident lawyer must file a lawsuit within two years of the accident date. Failing to meet this deadline may result in your case being dismissed, leaving you responsible for your medical bills and other expenses.
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Exceptions That May Extend the Filing Deadline
Certain circumstances may allow for extensions to the statute of limitations for filing a pedestrian accident case. These extensions are designed to give injured pedestrians more time to file a claim. If you fall into one of these categories, you may be able to take legal action even after the standard two-year deadline.
Extended Deadlines for Minors
If your minor child or someone legally incapacitated was injured in a pedestrian accident, the filing deadline may be extended. Minors typically have until two years after their 18th birthday to file a lawsuit, allowing them to take legal action as adults. If the victim was mentally or physically incapacitated, the statute of limitations may be paused until they regain legal capacity.
Delayed Discovery of Injuries
Some injuries may not be immediately apparent after a pedestrian accident. If you discovered an injury weeks or months later, you may be eligible for an extended filing deadline. In these cases, the statute of limitations may begin from the date you became aware of the injury rather than the accident date.
Shorter Deadlines for Government Claims
If your accident involved a government vehicle or occurred on public property, the deadline to file a claim is much shorter. In Georgia, claims against government agencies must typically be filed within six months of the accident. Missing this deadline may prevent you from recovering any compensation.
What Happens If You Miss the Filing Deadline?
Failing to file your pedestrian accident claim before the statute of limitations expires can result in case dismissal. If your lawsuit is filed too late, the court may refuse to hear your case, leaving you with no legal recourse. This can be devastating if you have ongoing medical expenses or lost wages from the accident.
Insurance companies often use expired deadlines as a defense to deny claims. If the at-fault party’s insurer knows you missed the statute of limitations, they may refuse to negotiate or offer compensation. Even if your injuries are severe, the insurance company is not obligated to pay if the legal deadline has passed.
Certain limited exceptions may allow a case to proceed even after the filing deadline. If fraud, deception, or extraordinary circumstances prevent you from filing on time, a court may consider an extension. However, these exceptions are rare, and it is critical to act quickly to protect your rights.
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Why Filing a Pedestrian Accident Claim Early Is Beneficial
Filing a pedestrian accident claim as soon as possible can improve your chances of securing full compensation. Waiting too long can make it harder to gather evidence, negotiate with insurance companies, or build a strong case. Some of the benefits that come with filing your pedestrian accident lawsuit early include:
- Preserves critical evidence – Witness statements, accident reports, and surveillance footage are easier to obtain soon after an accident. As time passes, witnesses may forget important details, and businesses may erase or overwrite surveillance recordings. Collecting evidence early strengthens your claim and helps establish liability.
- Avoids rushed settlements – Insurance companies may offer unfair settlements if they know the deadline is approaching. If you wait too long to file a claim, insurers may pressure you into accepting a low payout to avoid legal action. Filing early allows you to evaluate all settlement offers and pursue full compensation.
- Prevents legal complications – Filing early allows for a thorough case investigation without the risk of missing the deadline. If you wait too long, key documents or evidence may no longer be available, making it harder to prove fault. A well-prepared case ensures that you are not left dealing with unexpected legal issues.
- Improves negotiation leverage – Having a claim prepared well before the deadline gives attorneys more time to negotiate. Insurance companies take claims more seriously when they see that the injured party is prepared to pursue legal action. The stronger your claim, the better your chances of securing a fair settlement.
Waiting too long to file a claim can put you at a disadvantage. Missing the deadline could mean losing your right to seek compensation, leaving you responsible for medical bills and other expenses. Acting early ensures that your case is fully documented, giving you the best chance of recovering the damages you deserve.
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Do Not Miss Your Deadline, Talk to Your Duluth Personal Injury Lawyer Today
Filing your pedestrian accident claim within the legal deadline is essential for preserving your right to compensation.
Your Duluth personal injury lawyer from Slam Dunk Attorney can determine how much time you have left to take legal action and ensure your case is filed on time. Contact our firm today to protect your rights.
Call or text 404-951-3513 or complete a Free Case Evaluation form
