Statute of Limitations for Car Accidents: Know Your Rights

Getting into a car accident can throw your life into chaos, and dealing with the legal side of things is probably the last thing you want to consider. But there are time limits for filing a claim, and missing them could mean losing your chance to get the compensation you deserve. Don’t try to handle your claim for compensation on your own. Let the team at Ted A. Greve & Associates P.A. take care of it for you.

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Understanding the Statute of Limitations for Car Accidents

In car accident cases, each state’s statute of limitations sets a timer on how long you have to file a lawsuit against the party that caused your injuries. Once that deadline expires, the courts will likely dismiss your case without a hearing.

Missing the statutory deadline also gives insurance companies the advantage. Once the deadline is up, you’ve lost your best negotiating tool. If you can’t take them to court, they don’t have to offer any more money to prevent a trial.

If you’re unsure about the deadline to file a lawsuit in your state or are worried you might be cutting it close, Ted A. Greve & Associates P.A. can help you sort it out and figure out your next steps.

Deadlines for Personal Injury vs. Property Damage Claims

States set their own deadlines for personal injury claims and property damage lawsuits. For example:

North Carolina: Personal injury and property damage suits must be filed within three years.
South Carolina: You have three years to file for personal injury, property damage, or wrongful death lawsuits.
Georgia: Personal injury suits must be filed within two years, while property damage lawsuits can be filed up to four years after the damage occurred.

Wrongful death lawsuits have different deadlines:

North Carolina: Wrongful death claims must be filed within two years from the date of death.
South Carolina: Families have three years from the date of death to file a wrongful death lawsuit, starting from the victim’s passing, not the accident date.
Georgia: Wrongful death lawsuits must be filed within two years of the death. If the case involves a criminal matter (e.g., DUI), the statute may be paused until the criminal case is resolved.

When kids are involved, the time limit for filing a lawsuit is usually put on hold until they turn 18. This changes a bit depending on the state, though.

North Carolina: For personal injury claims, the statute of limitations pauses until a minor turns 18, after which they have three years to file.
South Carolina: A minor injured in a car accident has three years from the date they turn 18 to file a personal injury claim.
Georgia: In Georgia, the statute is tolled until the minor turns 18, after which they have two years to file a personal injury claim afterward.

Missing the statute of limitations is one of the fastest ways to lose your ability to seek compensation. If you file after the deadline passes, the court will likely dismiss your case. Additionally, over time, witness memories can fade, and evidence can be lost or destroyed.

Key Exceptions to the Statute of Limitations

State law provides an exception to the statute of limitations for minors who are injured. There are also exceptions for those who are mentally incapacitated. If someone is injured and has a mental incapacity at the time of the accident, the deadline for filing a claim may be extended until the disability no longer exists.

Another exception to the statute of limitations occurs when the defendant has left the state. In that case, the time limit to file a claim can be put on hold in Georgia, North Carolina, and South Carolina until they return.

Governmental Entity Claims: Unique Filing Deadlines and Procedures

When dealing with claims against government entities, there are tighter and quicker deadlines, so you need to act fast. Here’s what you need to know:

South Carolina: File a notice of claim within 180 days with the responsible government agency before suing.
North Carolina: A notice of claim must be filed within six months, so act promptly to ensure proper handling.
Georgia: Claims against government entities require filing a formal notice within one year of the accident.

Steps to Take After a Car Accident to Preserve Your Claim

Taking immediate action after a car accident not only protects your health but also strengthens your legal case.

Call 911
Seek medical attention
Gather evidence
Retain copies of medical bills, records, and receipts
Maintain a detailed journal of your injuries and their impact on your daily life
Engage an experienced car accident lawyer

How Your Attorney Can Help After a Car Accident

Managing the legal system after a car accident can be challenging, but Dr. Ted and his team are here to help. With their experience and focus on client service, they will support you through every step of your case.

Here’s how Ted A. Greve & Associates P.A. can help:

Timely Filing: We’ll make sure all your claims and lawsuits are filed on time, so you can pursue the compensation you deserve.
Case Evaluation: Our team digs into the details to find any exceptions that might give you more time to file, which boosts your chances of success.
Negotiating with Insurers: We’ll handle all communications with the insurance company, including engaging in negotiations to pursue fair compensation for you.
Personalized Representation: Dr. Ted and his team are dedicated to securing the best possible payout for personal injury claims, property damage costs, and wrongful death lawsuits, and we will treat your case with the care and attention it deserves.

Choosing the right legal representation is critical to your case’s success. At Ted A. Greve & Associates PA, you’ll find that our focused skill in personal injury and car accident cases gives you a strong advantage. We have excellent client reviews and a proven track record of success, so you can trust that you’re in good hands. Additionally, our team will communicate with you regularly and keep you informed of all developments.

Ted A. Greve & Associates P.A. have offices in easy-to-reach locations and a friendly, professional team ready to help you get the justice and compensation you deserve. Contact us today for a free case review to get started.