Different statutes of limitations may apply to your Georgia truck accident lawsuit, depending on the circumstances. The deadline for filing a personal injury or wrongful death lawsuit is two years from the date of injury or death. However, you have up to four years to seek compensation for loss of consortium and property damage. A statute, Ga. Code § 9-3-33, outlines the time limit for filing a personal injury, wrongful death, and loss of consortium lawsuits, while Ga. Code § 9-3-32 outlines the time limit for filing a lawsuit for property damage.
While two years may seem like plenty of time to file a truck accident lawsuit, it’s essential to have an experienced truck accident lawyer start investigating your case promptly before evidence deteriorates or becomes lost. The longer you wait to seek legal representation, the harder it will be to gather evidence you will need to prove the at-fault party’s liability and develop a strong case.
Does the Georgia Statute of Limitations Have Any Exceptions?
Georgia’s statute of limitations for truck accident lawsuits has several exceptions. Depending on the facts of your case, you may be eligible for an extension of the time allowed to file your lawsuit. You should consult with an attorney to determine whether any of the following exceptions apply to your case:
- Unrepresented estate — Under Ga. Code § 9-3-92, if your loved one died as a result of injuries suffered in a truck crash, and the estate doesn’t have an administrator, the time limit for filing your wrongful death lawsuit doesn’t begin until an administrator is named. However, the deadline can only be delayed for up to five years, after which the two-year time limit will start.
- Criminal prosecution — Under Ga. Code § 9-3-99, the time limit for filing your lawsuit can be paused while criminal proceedings are underway against the party at fault for the truck accident. However, you still must file your lawsuit within six years of the initial event.
- Out-of-state defendant — The time limit for filing your lawsuit under Ga. Code § 9-3-94 can be paused indefinitely while the defendant is out of state. This rule is in place to prevent defendants from fleeing the state and returning after the time limit has expired.
- Mental incapacitation — Under Ga. Code § 9-3-90, plaintiffs suffering from mental incapacitation can have the time limit for filing their lawsuit paused until they recover from their disability. At that point, the standard filing deadline begins ticking down.
- Minor victim — Under the same statute, the time limit for minor victims to file lawsuits doesn’t begin until their 18th birthday. Minors cannot file lawsuits in Georgia, so this statute gives them the same time limit for filing their lawsuit as adult victims.
How Is the Statute of Limitations Affected If the Trucking Accident Is With a Government Truck?
If the commercial truck that caused your injuries was a government vehicle, you must meet an additional notification deadline. Under Ga. Code § 50-21-26, individuals harmed by the state must file a notice of claim with the department they plan to sue within 12 months of the incident. The notice should include key details about your case, including your name and contact information, a description of the truck wreck, the department you are suing, the compensation you are seeking, and a description of your injuries.
Injuries caused by federal government employees are subject to a two-year notice deadline under the Federal Tort Claims Act. Local governments may have different time limits for filing your notice of claim. So, it will be crucial to consult a truck accident attorney as soon as possible for guidance.
When Does the Time Limit Start After the Accident?
Depending on the circumstances of your case, the time limit for seeking fair compensation for medical bills and lost wages after a truck accident can vary:
- Upon injury — In most personal injury cases, the statute of limitations begins ticking down on the date of injury. For your truck accident case, this means the date the accident occurred.
- Upon death — In wrongful death cases, the two-year statute of limitations is measured from the victim’s date of death, which may be different from the date of injury. Your family member may have survived for days, weeks, or months after the truck accident before succumbing to their life-threatening injuries.
- Upon discovery — In some cases, you may not immediately realize that you suffered a serious injury or may not realize a commercial truck driver or trucking company caused your injury. Under these circumstances, the time limit for filing your lawsuit doesn’t begin until you discover or should have known that the truck accident harmed you.
At Spiva Law Group, we can help you evaluate the time limit that applies to your truck accident litigation and help you seek maximum compensation.
What Happens If You Do Not File Your Truck Accident Claim Before the Deadline?
If you miss the deadline for filing your truck accident lawsuit or insurance claim, you will likely be unable to recover compensation for your injuries. Unless you meet one of the exceptions, the courts will generally bar you from seeking compensation through personal injury claims after the time limit expires. Once you can no longer file a lawsuit, you lose leverage in negotiating with the insurance companies that represent the trucking company because they know you have no legal recourse.
Contact a Georgia Truck Accident Lawyer
If you were injured in a Georgia truck accident, contact Spiva Law Group for a free consultation with one of our experienced Savannah truck accident lawyers. Our law firm has five attorneys and a seasoned staff of legal professionals to help you overcome the devastating consequences when truck accidents occur.
Since 1984, our attorneys have tackled the toughest injury cases, involving catastrophic injuries and wrongful deaths. We have secured more than $500 million for our clients, including several $1 million settlements and verdicts in cases involving commercial trucking accidents and other deadly accidents. To discuss how we can help in your truck accident case, contact us today and receive a free consultation.
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