There are few things worse than trying to file a lawsuit after the statute
of limitations has already tolled. Sometimes, an injured party is not
aware right away that he may have a legal claim. Or perhaps he has been
so focused on recovering from his injuries and supporting himself financially
that he has not had time to pursue legal action. In the case of automobile
accidents, sometimes the injured party wants to wait until the insurance
companies distribute any outstanding payments.
The first things a victim of an
auto accident should do, obviously, are to get to safety, call the police, and seek
medical attention. He should also gather the other driver’s insurance
and personal information. However, after following those steps, it is
imperative that anyone injured in an auto accident be conscious of the
statute of limitations. If the injured party has even the slightest inkling
that he may want to file a lawsuit, he should research the statute of
limitations, or speak to an attorney who can do so.
What Is the Statute of Limitations?
statute of limitations is a legal rule that restricts the time within which legal proceedings
may be initiated. In the civil context, a statute of limitations limits
the time within which a party can bring a lawsuit. If the party does not
bring the lawsuit within the time designated by the statute, he loses
the right to sue. Depending on the nature of the claim, the statute of
limitations can start tolling when the incident that led to the injury
occurs, or from when the injury is discovered.
Auto accident lawsuits are usually brought under the claim of negligence.
Most states have statutes of limitations that cover general civil lawsuits,
including negligence claims. However, if the lawsuit includes a wrongful
death claim, or involves a product liability issue, a different statute
of limitations may apply. In addition, property damage claims are sometimes
governed by distinct statutes of limitations.
The statute of limitations can be different depending on your state of
residence. Most states, including
Georgia, have a statute of limitations of two years for general civil lawsuits.
While this may sound like plenty of time, it is easy to lose track of
the days and months following a traumatic accident and injury. The prospect
of litigation is often the last thing on a person’s mind when he
is dealing with huge medical bills and the usual daily commitments to
work and family. Being prepared and organized, as well as having quality
legal representation, can go a long way toward making an injured party
What to do if you are injured in an Automobile Accident
If you have been injured in an automobile accident and feel that you deserve
compensation, you should contact a personal injury attorney immediately.
An attorney can review the facts of your case in a timely manner and determine
whether you have a viable claim. If so, they can help you seek the compensation