Under Georgia law, you usually have two years from the date of your truck accident-related injuries to file a personal injury lawsuit. However, claims against state agencies require written notice within as little as six months.
The deadline is extended for minors and people with mental incapacity. If an injured person qualifies under either category at the time of the crash, the counting of the statutory period pauses. The two-year clock starts running upon reaching adulthood or upon the termination of the disability.
An experienced Georgia truck accident lawyer at Spiva Law Group can ensure you file your claim or lawsuit on time and help you pursue the compensation you deserve, including compensation for your medical bills, lost wages, physical pain and suffering, emotional distress, and more.
What Is the Two-Year Rule for Filing Personal Injury and Wrongful Death Claims in Georgia?
In Georgia truck accident cases, you typically have two years to file a lawsuit. Georgia’s statute of limitations for wrongful death claims is also two years.
- For personal injury cases, the deadline starts on the date of the injury (or the date of discovery, or when it could have been discovered with due diligence).
- For wrongful death cases, it starts on the date the person died, which may be later than the date when the accident happened.
Should you file your legal claim after the deadline has passed, the courts can dismiss the case without a hearing, regardless of its merits.
Are There Any Exceptions to the Two-Year Rule in Georgia?
Georgia law allows a few exceptions that can extend the two-year deadline. If the injured person is a minor or legally incompetent at the time of the accident, the statutory deadline is extended.
- For a minor, the statutory period begins when the minor reaches age 18.
- If the injured person is legally incompetent, the statutory period begins when their legal disability is removed.
Other situations can cause the deadline clock to pause. For example:
- If someone becomes legally incompetent after the accident, the statutory period does not run until that person regains competency.
- If the at-fault party moves out of Georgia, the clock pauses while they reside out of state and resumes upon their return.
- When fraud by the at-fault party caused the injury, the time limit does not begin until the injured person discovers the fraud.
Claims against government agencies are subject to different rules. If the at-fault party is a state entity, the injured party must give written notice of their claim to the Department of Administrative Services within six months of discovering the injury. The injured party must give notice before filing a lawsuit.
Do Property Damage Claims Have a Different Filing Deadline in Georgia?
Georgia law gives you more time to file a property damage claim than a personal injury claim. When a truck accident damages your vehicle or other personal property, you have four years from the date of the crash to file a lawsuit for compensation. This longer deadline applies only when the claim involves property damage and not physical injuries.
If you suffered serious injuries and significant property damage in a crash involving a commercial truck, you can file a lawsuit to recover compensation for your injuries and property within the two-year statutory limit.
How Long Do You Have to File a Claim Involving a Defective Truck or Truck Part?
When a defective big rig, part, or system on the truck caused the accident, you must file your lawsuit within two years of the injury, like other personal injury claims. This type of claim falls within the scope of product liability law. However, Georgia also applies a statute of repose to claims of this type.
A “statute of repose” creates an absolute deadline for filing a lawsuit. In Georgia product liability cases, the statute of repose allows a claimant to file a lawsuit not later than 10 years after the first sale of the product, regardless of when the injury occurred. If a truck part fails and causes harm, but the part was sold over 10 years ago, the court will likely bar the claim, even if it’s valid.
What Happens If You Miss the Filing Deadline for Your Truck Accident Claim?
If you miss the deadline to file your truck accident lawsuit, the court can dismiss your case without reviewing the facts. Even strong evidence won’t matter if the filing occurs after the statutory deadline has passed.
Depending on your situation, your lawyer may petition the court to consider extenuating circumstances that explain the delay. The court has the power to allow the case to proceed, but that outcome is rare.
You can still approach the insurance company for a settlement on your truck accident insurance claim, but they’re unlikely to offer fair compensation. Without the potential threat of a lawsuit, you lose bargaining power. The safest way to protect your rights is to retain a lawyer immediately. They can file your case on time, identify all existing insurance coverage, and seek the maximum compensation available.
Why Should You Consult an Experienced Personal Injury Lawyer After a Truck Accident?
Truck accident cases often depend on records maintained by the truck driver and trucking company, like black box data, driver logs, inspection reports, and maintenance records. Trucking companies are not required to keep this information forever, and they may “lose” or destroy this evidence if they believe it will help their case.
You need an experienced truck accident lawyer after a crash. Your lawyer can issue a spoliation letter that legally requires the trucking company to preserve the evidence. Without this step, information critical to the success of your case may disappear before anyone reviews it. Data under the trucking company’s control may indicate whether the driver violated federal regulations or whether a mechanical failure caused the crash.
Contact a Georgia Truck Accident Lawyer Today
The legal team at Spiva Law Group has handled serious personal injury claims across Georgia since 1984. We focus exclusively on catastrophic injury cases and have a record of recovering over $500 million for our clients.
Our firm comprises five experienced attorneys and a dedicated support team, including a skilled investigator, paralegals, legal assistants, a claims manager, and other personnel. We know what it takes to seek compensation and the justice that victims of severe injuries deserve.
If you suffered injuries in a truck accident, contact Spiva Law Group today for a free consultation and learn more about the legal assistance we can provide.
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