What If the Statute of Limitations for My Albany Car Accident Claim Expired?

May 15, 2019

Did you incur injuries and property damage in a car accident in Albany, Georgia? Then you should get in touch with an Albany car wreck lawyer as soon as possible. If you wait too long, you may lose your right to compensation.

On one hand, Georgia laws allow strict time periods for taking legal action against the party responsible for your accident. On the other hand, with time, evidence becomes more difficult to obtain and witnesses may forget how things happened.

However, sometimes, experienced and skilled attorneys manage to find ways to help their clients when others would give up. They pursue exceptions to the statutes of limitations and they conduct their own investigations to obtain the necessary evidence.

You should never give up your injury claim without consulting an Albany car wreck lawyer first. To understand how a lawyer may help you and how time affects your case it helps to review Georgia laws. We will do that in the following lines.

Georgia Statutes of Limitations and Exceptions an Albany Car Wreck Lawyer May Pursue

Georgia Code Title 9, Chapter 3, Article 2 covers the specific periods of limitations. Section 9-3-32 refers to actions for recovering property damages. According to it, you can bring actions for damage or destruction to your personal property within four years. The countdown begins when the right of action accrues.

This means you have four years to recover losses related to your car and any other property damaged in the accident. However, if you incurred injuries as well, the best approach is to claim all damages at the same time. This means complying with the statute of limitations for personal injury claims.

According to section 9-3-33, injuries to the person have a recovery deadline of two years. The clock starts ticking when the right of action accrues. This usually means that you have two years from your accident to claim compensation for your losses.

It is important to note that the deadline refers to civil lawsuits. If you decide to seek compensation from the insurer of the party at fault, you need to act sooner.  This way, if the car accident claim does not get you the compensation you deserve, you can still file a lawsuit.

Another important detail is the accrual of the right of action. In theory, you accrue your right of action at the time of the accident. In practice, you could accrue it later. There are three important instances that would justify delays in seeking compensation after a car accident:

  1. Late Discovery – Sometimes, although the injuries are there, they show no symptoms. Other times, the adrenaline rush prevents you from noticing the symptoms. No matter the details, an experienced Georgia car accident attorney could help you justify the delay.
  2. Physical or mental incompetence – If your accident left you physically or mentally disabled, your right of action accrues when you recover. Of course, you will need medical records to prove that you were unable to act sooner.
  3. Minor victim – If you were underage at the time of your accident, time is on your side. Your right of action accrues when you become of age. That could justify years of delays in seeking compensation. Of course, the court will want evidence, so consider working with a Georgia car accident attorney.

Now you have a better understanding of the time limitations applicable to your case. You should also realize the importance of consulting a lawyer as soon as possible. But perhaps you are not sure you need one or you think you would be wasting your money in vain.

There is a way to eliminate risks: find an Albany auto accident attorney who provides free case reviews. This way, you find out if you can still seek compensation without paying for legal representation.

You also get a chance to evaluate the lawyer’s attitude and see if you can work with them. You can hire them and let them handle your claim, or you could walk away and forget you ever stepped into their office.

Schedule a FREE Case Review with One of the Best Car Accident Lawyers in Albany, GA Now!

At Joe Durham Jr., P.C., we have answers to all questions and solutions to all problems. We will find a way to help you with your case too. It does not matter if your car accident has only occurred or more than two years have passed, you should not give it up.

The least you can do is discuss it with an experienced Albany car wreck lawyer. Based on what you hear, it will be easy to decide what to do next. Call (229) 351-5320 and schedule a free case review now!