Hawk Law Group | February 12, 2025 | Car Accidents
Georgia law sets strict deadlines for claims after a car accident, and if you miss them, you lose your right to compensation.
That could leave you with medical bills, lost wages, and no recourse. Insurance companies know this and may pressure you to settle fast for less than you deserve.
Here’s what you need to know about filing deadlines, factors that affect your claim, and why acting now can protect your future.
If you need immediate help you can contact us at (706) 480-8962 to schedule a free consultation with one of our compassionate Personal Injury Lawyers.
How Long Do You Have to File a Car Accident Injury Claim in Georgia?
In Georgia, the statute of limitations for car accident injury claims is two years from the date of the accident (O.C.G.A. § 9-3-33).
This means that if you fail to file your lawsuit within two years, you may lose your right to seek compensation forever.
However, there are exceptions that could extend or shorten this deadline:
Exceptions to the Two-Year Rule
- Claims Against Government Entities: If your accident involved a government vehicle (police car, city bus, etc.), you may have as little as six months to file a claim.
- Wrongful Death Cases: If a loved one died due to their injuries, the two-year deadline starts from the date of death (not the accident date).
- Minors & Legally Incapacitated Victims: If the injured person was under 18 or mentally incapacitated, the statute of limitations may be “paused” until they are legally able to file.
- Discovery Rule for Delayed Injuries: If an injury wasn’t immediately apparent, courts may allow additional time based on when the injury was discovered (though this is rare in Georgia).
Since statutes of limitations are strictly enforced, consulting an attorney early is the best way to protect your right to compensation.
Many victims hesitate to file a claim due to fear of legal costs. However, most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Additionally, delaying could result in mounting medical debt and loss of key evidence, hurting your case.
What If You Were Partially at Fault?
Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33), which means:
✔️ If you are less than 50% at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
❌ If you are 50% or more at fault, you cannot recover any damages.
But beware… Insurance companies often try to shift more blame onto you to minimize their payouts.
Insurance adjusters often use software like Colossus to calculate settlement values. This algorithm downplays non-economic damages like pain and suffering unless backed by extensive medical records and expert testimony.
Having a lawyer who understands these tactics can make a significant difference in your settlement.
Partial Fault Example:
If you were 20% at fault and your damages total $100,000, your compensation would be reduced by 20%, meaning you’d receive $80,000.
Types of Compensation You Can Claim
Damages are the amount of money legally owed to a victim when they’ve been harmed by another party. Damages are divided into two distinct categories: economic damages and non-economic damages.
Economic Damages
Economic damages are bills and income losses incurred due to the accident.
When someone is involved in a car accident, the financial damages are usually quite obvious. These include:
- Emergency room visits
- Ambulance and EMT costs
- Surgeries
- Follow-up care, like physical therapy
- Medications
If the accident causes severe injuries, there may be lifelong medical care costs associated with rehabilitation, disability, loss of limb, and loss of income due to the inability to work.
Non-Economic Damages
Non-economic damages may not be immediately obvious. These can include impacts on a person’s mental or emotional state, their pain, or the loss of an ability to enjoy activities.
Common examples of non-economic damages include:
- Ongoing PTSD, fear, or anxiety
- Changes in social habits
- Ongoing physical pain
- Mental anguish
Someone who has lifelong scarring or disfigurement from an auto accident, for instance, may battle deep depression. They may also change their social life because they no longer feel comfortable being seen in public.
These combined changes might also alter their married life, making intimacy difficult or eventually resulting in divorce.
What Should I Do After a Car Accident?
Evidence can begin disappearing quickly after the scene of an accident is cleared. If there were witnesses to the event, they may not be able to reliably recall details of what they saw just hours after seeing it.
Security camera videos may not be available after 24 hours, and the accident scene itself can change dramatically within weeks or months.
With these things in mind, there are a few things that you can do to protect yourself and your ability to recover compensation from the responsible party.
File a Police Report
In the state of Georgia, this is required by law if there are injuries, a death, or property damages totaling more than $500.
When the police arrive, they’ll ask witnesses for statements while the accident is still fresh in everyone’s memory. They’ll also note the conditions of the road, pavement, surrounding structures, and obstructions, if applicable. They may take pictures to include in the record.
All of these items will help your case in the future.
Even if you do not seek legal counsel right away, the police report will be a public record that your attorney may be able to access later.
Check for Injuries and Exchange Information
If you’re able, check on each person involved in the accident and see if you can do anything to help. Call 911 if anyone needs immediate medical care.
Next, begin exchanging insurance information with the other parties involved. Be careful not to apologize to anyone or say something that could be taken out of context and make you sound like you believe you’re at fault for the accident.
Write Down Your Observations
Try to remember the events that led up to the accident and what you believe you saw or did. Take your own pictures of the road, vehicles, structures, and other people.
Visit Your Doctor or an Emergency Care Clinic
Even if you believe your injuries are minor or that you didn’t sustain any injuries at all, this may prove to be wrong once the adrenaline wears off.
Keep track of all receipts, including those for over-the-counter pain medications if applicable.
Don’t Agree to a Recorded Statement or Sign Anything
If another party’s insurance company calls or visits you, avoid agreeing to or signing anything without first consulting a legal specialist. Insurance companies will often attempt to skew any information they can to make it appear as if you were at least 50% or more responsible for the injuries you sustained to protect their own bottom line.
Call an Auto Accident Lawyer
Attorneys who specialize in helping car accident victims often know what details to look for and how best to gather evidence for future reference. They will also be able to help you get the full extent of the compensation you deserve.
Even if you suspect you may be at fault for an accident, don’t put off the above steps. You may not immediately know what was happening in the other car. You may have forgotten to turn on your turn signal, yet the other driver could have been drinking and speeding recklessly.
Gather all of the evidence and let the experts decide, but don’t delay in filing a case. With a short statute of limitations on car accident cases, pursue the compensation you need right away.
Estimated Timeline For Car Accident Claims
- Week 1-4: Medical evaluations, accident investigations
- Month 2-4: Negotiation with insurance companies
- Month 5-12: Settlement or lawsuit filing
- Year 1-2+: Litigation (if no settlement is reached)
Contact Our Car Accident Lawyers – Serving the Central Savannah River Area
Time is running out to file your car accident injury claim. Waiting too long could mean losing out on the money you deserve.
For more information, please contact the car accident lawyers at Hawk Law Group at our nearest location to schedule a free consultation today.
We serve throughout the Central Savannah River Area and its surrounding areas:
Hawk Law Group – Augusta, GA
338 Telfair St, Augusta, GA 30901, United States
(706) 722-3500
Hawk Law Group – Evans, GA
4384 River Watch Pkwy, Evans, GA 30809, United States
(706) 863-6500
Hawk Law Group – Thomson, GA
146 Railroad St A, Thomson, GA 30824, United States
(706) 361-0350
Hawk Law Group – Waynesboro, GA
827 Liberty St, Waynesboro, GA 30830, United States
(706) 437-9122
Hawk Law Group – Aiken County, SC
156 Laurens St NW, Aiken, SC 29801, United States
(803) 226-9089
We also serve in Edgefield County, SC.