Norcross Car Accident Statute of Limitations | When to File an Injury Claim

Norcross Car Accident Statute of Limitations

Individuals who sustain injuries in a car accident do not have the luxury of time. They have only a short amount of time to take action to protect their legal rights and pursue a claim of compensation. If an injured party waits too long before taking action, they may lose the right to recover any financial damages at all.

Potential claimants should become familiar with the Norcross car accident statute of limitations. This statute specifies how long injured individuals have following a collision to file a claim. Understanding how this statute works is essential for plaintiffs to know why prompt action is necessary. A dedicated attorney could work to ensure that a claimant meets all legal deadlines.

Statute of Limitations Car Wreck Cases

Official Code of Georgia Annotated §9-3-33 contains the statute of limitations applicable to all personal injury cases in the state, including car accident lawsuits. This law specifies that claims for compensation following a motor vehicle accident must commence within two years after the date of the crash. A lawsuit does not need to be resolved within two years, but the statute of limitations only requires that the plaintiff files their petition before this limit expires.

What are some Notable Exceptions to the Statute of Limitations?

 If a plaintiff has no reason to know they sustained harm in a car accident, the discovery rule may delay the start of the two-year window until the plaintiff knew or should have known they had suffered damage. The discovery rule does not provide extra time to plaintiffs who have apparent signs of injury or those who refuse to see a doctor. However, if someone’s injury does not begin to manifest symptoms for an extended period after a wreck, the plaintiff may gain additional time to file their lawsuit.

Beyond the discovery rule, there are other situations that may extend the statute of limitations for a car accident case in Norcross. A defendant whose injuries have disabled them or who is otherwise unable to take action may have the statutory deadline put on hold while they are incapacitated. Similarly, if the at-fault defendant is avoiding service of the plaintiff’s petition by concealing their whereabouts, the statute of limitations may be extended as well.

What are the Consequences of Violating the Statutory Deadline?

The statutory deadline cannot prohibit a plaintiff from filing a car accident lawsuit. A potential claimant may file a petition and commence a lawsuit even if the statute of limitations has expired. However, in these situations a defendant may file a motion with the court, asking the judge to dismiss the claim for violating the legal deadline. There are few defenses to such a motion, so a court is likely to dismiss a car accident case in Norcross if a claimant failed to meet the statute of limitations.

Contact an Attorney to Avoid Violating the Statute of Limitations for a Car Accident Case in Norcross

 Injured parties may avoid the consequences of violating the Norcross car accident statute of limitations by speaking with a qualified attorney about their case as soon as possible. A lawyer may provide the knowledge and resources a plaintiff needs to investigate their case and file their lawsuit within the allotted time. Talk with legal counsel today about your situation and circumstances.

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