Personal injury laws nationwide limit the time you have to file a lawsuit seeking payment for damages and losses caused by vehicle collisions because of someone else’s recklessness. Understanding personal injury laws is vital to collecting compensation from the liable party.
Missing the court-enforced deadline of the statute of limitations means losing eligibility to hold the at-fault party responsible for their actions. Contact an experienced auto collision lawyer at Smith Hulsey Law to learn more about the Oakwood car accident statute of limitations.
The tort, also called personal injury statute of limitations, is legislation that sets a time limit on filing lawsuits to collect compensation for damages caused by negligence. Missing the deadline, even by one day, could mean losing eligibility, pursuing legal action, and collecting a settlement from the at-fault driver. The statute is in place for various reasons, including the preservation of evidence, as it may be more challenging to gather if too much time passes.
The law also encourages people to resolve legal disputes quickly and protects the defendants from legal issues hanging over their heads for years. An attorney knowledgeable about the Oakwood car crash statute of limitations could review the regulations and answer questions about the applicable laws.
While the personal injury statute of limitations says individuals have two years from the date of the vehicle collisions, there are some exceptions to the rule. Under the Georgia Coda § 9-3-33, the civil court may grant exceptions to the statute in the following circumstances:
When those injured in crashes are minors at the time, the statute of limitations clock does not start until their 18th birthday. They have until their 20th birthday to initiate legal action in civil court.
When the accident leaves individuals mentally incapacitated, there is also an exception to the two-year deadline. In those cases, the time does not begin until the disability ends.
When the at-fault driver leaves the state before the plaintiff initiates legal action, there is an exception to the regulation. In those cases, the clock starts when the liable party returns to Georgia.
When the at-fault driver’s actions lead to criminal charges, the case will pause the tort statute of limitations until there is a resolution for the criminal case. It is essential to note that the exceptions are not automatically applied.
The claim must include evidence to support the need for an extension on the deadline. Taking action promptly to prepare and file the case is the most effective way to recover the maximum potential settlement amount.
When accidents cause permanent disabilities, the plaintiff may seek loss of consortium. It is a legal term for damages—including loss of companionship, support, and intimacy—when the accident impacts the individual’s intimate relationship. The deadline is two years from the date of the cause of action to pursue a settlement to cover most damages caused by car wrecks.
However, when the plaintiff seeks payment for loss of consortium, they have four years from the accident date. During an initial consultation, a compassionate lawyer at Smith Hulsey Law could answer more specific questions about the car wreck statute of limitations in Oakwood and possible recoverable damages.
While working with a skilled legal professional is not a requirement for personal injury lawsuits, the cases are complex and require ensuring compliance with state regulations. A seasoned lawyer experienced with the Oakwood car accident statute of limitations could provide sound legal advice and advocate for a fair outcome.
Call Smith Hulsey Law today to schedule a consultation and learn more. The sooner you begin preparing, the better chance of reaching a favorable outcome.
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