Is There a Time Limit to File a Claim for a Car Accident in Augusta, GA?

Aug 29, 2018

Is There a Time Limit to File a Claim for a Car Accident in Augusta, GA?

A car accident is a scary ordeal for anyone to go through. The experience itself is enough to make you traumatized even if you are not physically injured. However, it is likely that you end up with some injuries after an Augusta, GA car accident . These injuries vary in severity, but some are usually so serious that you may end up admitted to a hospital.

Treating injuries caused by a car accident is usually a costly affair, especially when they are dangerous. You may end up using up thousands of dollars out of pocket which may put you in a financial crisis. Because of this, you may have to seek compensation for the medical bills and other injuries.

Many people do not know that there is a restricted time within which you have to file your claim. In Georgia, the limit is at two years from the date of the incident. That means that if you want compensation, you need to make a claim or have someone do it. A great car accident lawyer is what you need in this situation so that he can do that for you.

Statute of Limitations in Georgia and How a Car Accident Lawyer Is Essential

The law places a limit on how much time you have to file an Augusta, GA insurance claim for injury. The time limit is at two years after which you will most likely have no right to do so. The statute is in place to ensure that people do not try to file claims without any basis.

It is best to ensure that you file the claim as soon as possible after a car accident and injuries. Even if you are not in a position to do it, have a relative or your attorney make a claim. In this way, the insurance company of the at-fault party can work on your request and make an offer. The rule also applies to relatives of a person killed due to a car crash. The clock starts rolling from when the person dies, so file the claim soon after.

Since Georgia is a fault state, this means that you do not have to go to court seeking compensation. Through your lawyer, you can have them draft and submit the claim to the guilty party’s insurance company. However, there are cases where the insurance company is not cooperative so you may have to file a lawsuit. It usually takes a lot longer to get the matter settled, but you are guaranteed justice.

What Can Your Car Wreck Attorney Do If the Time Limit Passes?

Many Augusta, GA courts will usually not listen to a claim suit after the two years have passed. The at-fault person will most likely request case dismissal, and the court may grant this. However, there are certain cases that the court will hear your case even after the time limit. If for example, you had suffered a brain injury that made you incapable of pursuing the claim. Your lawyer is in the best position to advise on your chances at this point, based on your case.

At Fault and Modified Comparative Fault in Georgia

Saying that Georgia is a fault state means that the person that caused the accident is liable for damages. However, there is also a modified comparative fault rule. It states that one needs to be less at fault to collect damages. Furthermore, the one who is less at fault can only collect damages for which he is not liable.

The rule is set to make it fair for the involved parties so that they share the blame. For example, if the at-fault person is 80% responsible, it means that the other person is 20% liable. As a result, the one who is less accountable will only collect 80% of the damages.

Time is an essential factor to consider when filing a claim for a car accident in Augusta, GA. Ensure that you contact your lawyer as soon as the crash happens. In this way, he can get a handle on things early enough, and he can give the best advice. We have an excellent team at Ted A. Greve & Associates ready to listen to your case. We have led insurance claim negotiations to get our clients the best compensation possible. In case we have to go to court, our Augusta automobile accident attorneys have the knowledge and experience to achieve your goals.