Will the Judge Extend the Statute of Limitations in Your Augusta Car Accident Case?

Augusta car accident case

Whenever someone gets hurt in Georgia, there is the possibility that they may need to file a lawsuit. An Augusta car accident case is more common than you’d think. Most people file their claims against the defendant’s insurance company first. They cross their fingers and hope that their claim is paid. When weeks or months go by without any money, they start to worry. Finally, they get a letter from the other driver’s insurance company stating that their claim has been denied.

Your claim could be denied for any number of reasons. Some of the most common reasons include the following:

  • The policy was not valid or had lapsed for non-payment
  • The driver canceled the policy prior to the accident
  • The insurance company does not believe its driver was at fault
  • The insurance adjuster does not believe you were truly injured
  • You did not submit all of the necessary information
  • You submitted your information too late
  • Someone other than the insured was driving the car
  • You have a history of filing insurance claims

For some of these reasons, your Augusta car accident lawyer can help you. They can appeal your claim and try to negotiate payment. In other cases, it won’t be so easy. For example, if the policy was not valid, there is nothing your attorney can do. In situations like this, you’ll have no choice but to file an Augusta car accident case against the other driver.

In Georgia, you only have a certain amount of time to do this. If you miss your filing deadline, you’ll lose your right to file an Augusta car accident case. Rather than have this happen, you should call and talk to an experienced car accident lawyer in Augusta right away.

What is the Statute of Limitations for an Augusta Car Accident Case?

In Georgia, you only have two (2) years to file your Augusta car accident case. This is because of something called the statute of limitations. The courts only give you a certain amount of time to sue the defendant. There are a few reasons for this, including:

  • The court does not want the defendant to be unfairly surprised years down the road
  • Evidence becomes stale after a while
  • The court does not want their docket to be overburdened

The good news is that your Augusta car accident lawyer is very familiar with the court rules. They’ll make sure your case is filed on time. If you wait too long to see an attorney, you run the risk of missing this deadline. Your attorney is going to need a few months to prepare your Augusta car accident case. So schedule your free initial consultation as soon as possible after your Augusta car wreck.

The Judge Will Not Make Special Exceptions for You

The good news is that you have two years to file your lawsuit. That is a lot of time. However, this time goes by quickly if you’re busy fighting with the insurance company. It can also fly by if you’re laid up with surgeries, physical therapy and doctor’s appointments. The judge is not going to want to hear any excuses for why you missed your filing deadline. In fact, there are very times when they will ever extend the statute of limitations. Some of these include:

  • You are not mentally competent to file suit – If you are declared mentally incompetent, the clock will be put on hold. Once you are declared mentally competent, the two years will continue to run.
  • The victim is a minor – If the plaintiff is under the age of eighteen (18), the statute will not toll until his 18th birthday. However, you do not have to wait that long. The child’s parents can file suit on his or her behalf.
  • The defendant flees the state or is hiding – If your Augusta car accident attorney can show that the defendant left the state to avoid being sued, you may be able to get the statute of limitations extended.

Contact a Skilled Car Accident Lawyer in Augusta, Georgia

If you’re involved in a motor vehicle accident, one of the first things you should do is call and talk to an experienced car accident attorney in Augusta. You can call our office and schedule your free initial consultation. This gives you the chance to sit down with someone who has handled dozens of cases like yours. It also ensures that you don’t miss your filing deadline.

Call Ted A. Greve & Associates today and schedule your consultation. You can bet the defendant will have a lawyer working for them and you should too. The consultation won’t cost you a dime and you pay nothing until your case is settled.

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