In Georgia, you generally have two years from the date of a truck accident to file a personal injury lawsuit under O.C.G.A. § 9-3-33. If you miss this deadline, the court can dismiss your case, preventing you from recovering compensation for your injuries.
Truck accident claims can involve additional deadlines and exceptions, so acting quickly matters. Jamie Casino Injury Attorneys brings 40 years of combined experience to personal injury cases, has recovered numerous seven-figure verdicts and settlements, and can investigate the crash, preserve evidence, and determine which deadlines apply.
Are There Exceptions to the Two-Year Deadline in Georgia?
Yes. Certain circumstances can change or pause the statute of limitations in a Georgia truck accident case. The applicable deadline depends on the facts of the crash and the type of claim being pursued.
For example, O.C.G.A. § 9-3-90 provides tolling rules that can apply when an injured person is legally incompetent because of an intellectual disability or mental illness when the cause of action arises. Claims involving minors can also be subject to different timing rules.
Does a Wrongful Death Claim Have the Same Deadline?
A Georgia wrongful death lawsuit generally must also be filed within two years, although the calculation of the deadline can differ from a personal injury claim. The limitation period generally runs from the person’s death.
Certain circumstances can toll or otherwise affect the deadline. Wrongful death and estate claims arising from the same fatal truck accident can also involve different parties and timing rules. Families should have all applicable deadlines reviewed as soon as possible after a fatal crash.
Families dealing with a fatal commercial truck crash should have the deadline reviewed promptly rather than relying on the standard two-year rule alone.
Why Should You Contact a Truck Accident Lawyer Before the Deadline?
You should contact an attorney well before Georgia’s two-year deadline because building a truck accident case can require extensive investigation. Commercial trucking cases may involve the driver, trucking company, cargo companies, maintenance contractors, or other parties.
Waiting two years to seek legal advice can make a claim harder to prove even when the lawsuit itself is technically filed on time.
What Happens If You Miss Georgia’s Statute of Limitations?
Missing the applicable statute of limitations can cause you to lose your right to pursue compensation through a lawsuit. A defendant can raise the expired limitations period as a defense and seek dismissal.
That can prevent recovery for losses such as medical expenses, lost income, pain and suffering, and other accident-related damages. If you were injured in a commercial truck crash, Jamie Casino Injury Attorneys can review when the accident occurred and determine the filing deadline that applies to your case.
Frequently Asked Questions
Is the Deadline Different for Truck Accident Property Damage?
Yes. Georgia generally allows four years to bring an action for damage to personal property under O.C.G.A. § 9-3-32.
Can Georgia’s Two-Year Statute of Limitations Be Extended?
Certain circumstances can toll or alter the deadline. The applicable rule depends on factors such as the injured person’s legal status and the type of claim.
Should I Wait Until I Know the Full Extent of My Injuries to Contact a Lawyer?
No. Evidence can disappear quickly after a commercial truck crash, so contacting an attorney early can help preserve evidence while your medical treatment continues.
Does Filing an Insurance Claim Stop the Statute of Limitations?
No. Filing an insurance claim or negotiating a settlement generally does not stop Georgia’s statute of limitations from running. You must still file a lawsuit within the applicable deadline.
Contact a Georgia Truck Accident Lawyer at Jamie Casino Injury Attorneys for a Free Consultation
Georgia’s statute of limitations can prevent you from recovering compensation if you wait too long to file a truck accident lawsuit. Jamie Casino Injury Attorneys has 40 years of combined experience helping injured people protect their rights and pursue compensation after serious accidents.
Contact us today for a free consultation to discuss your Georgia truck accident case and learn about your legal options.
We serve Savannah, Augusta, and the surrounding areas in Georgia.
Jamie Casino Injury Attorneys – Savannah Office
480 Mall Blvd,
Savannah, GA, 31406
(912) 355-1500
Jamie Casino Injury Attorneys – Augusta Office
1450 Greene St, Suite 140
Augusta, GA, 30901
(706) 750-8860
