Under Georgia personal injury law, a victim has two years from the date of the accident to file a claim and receive compensation from the liable party. However, The Pendergrass Law Firm warns not to wait too long because once the deadline has passed, there is nothing that any lawyer can do for you. Therefore, if you’ve been in an accident, you should talk to an attorney today. The deadline set by the state to file your claim is called the statute of limitations.
Why do statutes of limitations exist?
Except for permanent, catastrophic injuries, most people heal from their injuries within a year or two of the accident or incident that caused them. Once the body heals, the evidence is gone, and a doctor may not be able to detect a problem because the muscles, tissues, and nerves have repaired themselves. If you try to file a personal injury claim after you have already healed and have no documentation of your injury, then it will be nearly impossible to prove that the defendant’s actions were the direct cause of your injury. This is why you should file your claim as soon as possible after your accident.
Another reason why statutes of limitation exist is that if you wait too long to file a personal injury claim, then it will be harder to prove that the accident was the cause of your injuries rather than another event. Insurance companies are concerned about fraudulent claims, and they don’t want to pay settlements for claims to plaintiffs who were injured by another event and not by their policyholders’ actions.
Is it better for my case if I file my claim right away?
Filing your personal injury lawsuit well before the statute of limitations expires benefits your case. The sooner you file, the less likely the insurance company can claim your injuries were caused by a later, unrelated accident. Suppose you file your claim closer to the end of the statute of limitation. In that case, the insurance company will argue that your injuries were possibly due to another event and there is no way to know if your injuries were caused by the accident.
The insurance company will also be suspicious if you do not seek medical attention immediately. Their argument is that if someone is in extreme pain due to an injury, then nothing will stop them from getting relief and proper treatment. If a victim waits too long to seek treatment, then they will suspect that the claim is invalid and only being filed because the plaintiff wants money.
When is the best time to file my claim?
Evidence deteriorates over time. Notably, eyewitness testimony becomes unreliable over the years. The court has standards for evidence that need to be met for them to be used in your case. Even though you have two years from the date of the accident to file a personal injury claim in Georgia, the best time to file is within one month of the accident and no more than a year later. Similarly, the best time to seek medical treatment for your injury is within two weeks of the accident.
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