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by The Stoddard Firm - April 25th, 2025
After a car accident in Atlanta, one of the first legal questions many people ask involves the timeline for filing an injury claim. Understanding the legal deadlines for action is crucial, especially when medical expenses, income loss, and long-term recovery are factors. At The Stoddard Firm , we want you to be informed and empowered to protect your rights—and to know precisely how long after a car accident you can claim injury .
The legal window to file an injury claim after a car accident in Georgia is limited. Understanding the statute of limitations is crucial if you’ve been in an accident. This legal term refers to the time limit for filing a personal injury claim. In Georgia, most cases must be filed within two years from the date of the incident, however, there can be exceptions. Missing this deadline could prevent you from seeking compensation, no matter the severity of the injury or who is at fault. Acting quickly and contacting an attorney early is often the best action.
Under Georgia law, you typically have two years from the car accident date to file a personal injury lawsuit. This timeline applies to most injury-related claims, including those resulting from auto collisions.
Waiting too long to act can make it harder to get the compensation you deserve, especially when evidence disappears and memories fade. Insurance companies often use delays against victims, suggesting the injury may not be as serious as claimed or was caused by something else entirely.
Acting within the legal timeframe allows us to preserve important evidence, such as photos, surveillance footage, or vehicle damage reports. It also enables us to interview eyewitnesses before memories fade and ensures all necessary medical documentation is collected and submitted.
Even if you’re still recovering, don’t wait to speak to a lawyer or file your claim. Swift action strengthens your case and maximizes your chance of success.
Here’s what you should prioritize:
Missing the legal deadline to file an injury claim can have severe consequences, including losing your right to compensation for damages or medical expenses.
If the statute of limitations expires, your right to pursue compensation in court is generally lost. This means the opposing party can request a dismissal of your case, and the court is likely to grant it.
Missing the statute of limitations in Georgia can result in your personal injury claim being dismissed, regardless of how strong your evidence is. Courts strictly enforce these deadlines, so filing on time is crucial.
In limited situations, there may be exceptions:
If the injured person is a minor, the statute may be paused until they turn 18, but the pause typically does not apply to medical bills which are the responsibility of the injured person’s guardian.
If the person responsible left Georgia temporarily, the time limit may be extended.
If the person injured in Georgia is a victim of a crime (and a traffic violation is sometimes a crime) , the time limit may be extended.
If the person is a victim of childhood sexual abuse, then the time limit may be extended in a lawsuit against the assailant based on two potential criteria: (i) victim bringing suit on or before the age of twenty three, or (ii) two years from learning of both the abuse and its damages.
All of these exceptions have complex application. The best practice is never to wait. Always consult an attorney promptly.
Filing an insurance claim has separate deadlines from filing a lawsuit. Most insurance policies require that the insured report a car accident within a “reasonable period of time” which the insurers later argue equates to something like 24 to 72 hours. Even if you’re not ready to make a full claim, notifying your insurer (preferably in writing) is important, because delaying the report could lead to the denial of your claim. Providing early notice allows insurers to investigate while the evidence is still fresh. Additionally, working with a lawyer can help ensure all filings are timely and accurate.
The sooner, the better. Contacting a car accident lawyer right away gives you a strategic advantage. Early legal support allows our team to identify liable parties, gather and secure time-sensitive evidence, communicate with insurance companies on your behalf, and help you avoid common mistakes that could harm your case.
You can strengthen your injury claim by taking the right steps immediately after the accident:
Working with an experienced attorney ensures your claim is filed correctly and within legal deadlines. In our firm, we act fast to protect your rights and fight for the compensation you deserve.
Our legal team helps by:
Being injured in a car accident in Atlanta demands immediate attention. Legal and financial consequences can escalate quickly, and taking swift action improves your chances of building a strong case.
Call The Stoddard Firm at 470-467-2200 for a free consultation and personalized legal advice today
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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