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You are here: Home / Georgia Negligence Law Overview / Missing the Statute of Limitations

Missing the Statute of Limitations

Perhaps the biggest mistake you can make when pursuing damages for your injuries arising from a car accident has to do with the statute of limitations.

Under Georgia law, you have two years from the date of your accident to file a lawsuit against the other, at-fault driver. If you do not file your lawsuit, your claim will be time barred and you will lose your claim for damages.

Note, as well, that if your accident occurred in another state, the statute of limitations could be shorter than two years.

Insurance companies are well aware of the statue of limitations and there have been many cases where an unrepresented person has been persuaded by an insurance adjuster to “wait just a few more weeks for our settlement offer” only to find that the two year statute of limitations deadline ran during the “waiting” period.

Suffice it to say that you should never allow yourself to be in a position where you are facing a statute of limitations problem. Not only will you find it difficult to find a lawyer to take your case if the statute of limitations in your case is about to run (in a few days or weeks) but you will be demonstrating to the insurance company that you are not well prepared.

While there are a few techniques to extend the two year statute of limitations, you should not rely on advice you get from well meaning friends or the Internet. Obviously we would like you to contact our office about your injury claim but our best advice remains to contact an experienced personal injury lawyer as soon as you can after your accident to preserve and protect your ability to claim money damages.

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