How Long Do I Have to File a Motorcycle Accident Lawsuit in Georgia?
You usually have two years to file a lawsuit after being injured in a motorcycle accident in Georgia. Although most people can easily meet the deadline, there are certain exceptions to the two-year rule stated in Section 9-3-33 of the Georgia Code. These are rarely applied, so for most people, the deadline for filing a lawsuit is two years from the date of the accident.
Exceptions to the Two-Year Statute of Limitations For Motorcycle Accident Injuries
Exceptions arise from “tolling,” a period when the two-year statute of limitations is “paused” because it is not possible to bring an action. In this context, tolling occurs when:
- The defendant is out of state for a time. This means that someone fleeing the consequences of an accident by leaving the state will face legal action when they return or can be served.
- You were hurt in a motorcycle accident while you were a minor. You were injured as a passenger when you were still a child, or you got your license to ride at the legal age of 17 and were hurt in an accident. Once you are 18, you can file a lawsuit, and the statute of limitations is paused until your 18th birthday.
- You were mentally incapable at the time. For example, you were in a coma for some time after your accident. This made you incapable of filing a lawsuit, so the deadline counts down from a time when your mental capacity was restored.
If any of these points apply to you, you may be able to file a motorcycle accident lawsuit even though the two-year period has already passed. A lawyer can evaluate your case and discuss your options with you.
Why People Sometimes Delay Filing a Motorcycle Accident Lawsuit
Our advice to clients is to reach out to a Newnan motorcycle accident lawyer as soon as possible after a motorcycle accident in Georgia. Even if we need to wait to discover the full consequences of your injuries, we can begin building your case. However, some people delay filing a lawsuit for a variety of other reasons.
- Sometimes, people do not realize just how serious their injuries are until later on.
- They fail to realize how costly their treatment will be.
- At the time, they do not realize how badly time off work will affect their finances.
- Many people are unaware of their rights or do not know that they can receive compensation.
- They do not know how to determine whether they have a viable case.
- In some cases, they delay because they are worried about being blamed for the accident, even though they are reasonably sure it was not their fault.
- When people are traumatized, they are often unable to think clearly.
- They try to settle with insurance companies or at-fault parties without a lawsuit, only to find that the compensation offered is inadequate.
- Often, people worry that a lawyer will be too expensive, but a good personal injury lawyer should be willing to work on a no-win-no-fee basis.
Although a strong lawyer can often win cases that have been filed late, delays in taking action can weaken a person’s case. For example, it may be difficult to recover all the evidence, or insurance companies argue that the delay shows they were not badly hurt.
Consult Our Motorcycle Accident Lawyer For Free
At Kam, Ebersbach & Lewis, P.C., we offer free consultations to people who have been injured in motorcycle accidents. If we believe you deserve compensation, we will represent you without requiring any out-of-pocket payments.
Our team of personal injury attorneys in Coweta County have secured substantial settlements, including compensation exceeding $1 million for our clients. Our fees will always be fair, and your chance of securing compensation will be much greater with our help. Whether your accident is recent or occurred some time ago, the primary concern is to file your motorcycle accident lawsuit before the deadline. Get started today.