Calvin Smith Law - The Injury Lawyers

Car Accident Case: How Long Do I Have to File a Claim?

personal injury claim time limit

One of the biggest mistakes car accident victims make is they wait too long to file their claim. This is true for both their insurance claim as well as their legal claim. People don’t realize how quickly time goes by when they’re dealing with the aftermath of a car crash. Days turn into weeks and weeks turn into months. By the time you call an experienced car accident lawyer in Atlanta, you may have lost your chance to pursue compensation for your injuries.

As with most things legal, there are time limits for filing insurance claims. There are also very strict filing deadlines for your car accident lawsuit. There’s no law saying you can’t handle these legal claim matters on your own. However, if you do that, you risk missing these deadlines. If you aren’t familiar with the law, there’s no way to know how long you have to file a legal claim. If you hire an injury lawyer in Atlanta, Georgia, you won’t have to worry about that. Your lawyer will take care of everything for you.

Here, we’ll discuss how long you have to file your legal claim in Atlanta. We’ll also explain the difference between filing an insurance claim and filing a lawsuit. If you still have questions, all you have to do is call and talk to one of our car accident lawyers in Atlanta. They can sit down with you and discuss your case and make sure you meet any deadlines involved in your case.

Your Car Accident Lawyer in Atlanta Can Help File Your Legal Claim

If you’ve ever taken the time to read your auto insurance policy, you should know they only give you a short time to file your accident claims. Most insurance companies only stipulate that you must file your accident claim within “a reasonable period of time.” They do this on purpose.

By using the “reasonable time” clause, the insurance company maintains control over when your claim is deemed timely. A reasonable time could mean a few days or a few weeks. They won’t come right out and tell you what the deadline is. Of course, there are a few companies that may operate differently. But for the most part, the large insurance companies expect you to submit your claim in a timely manner.

One good rule of thumb is that you should submit your insurance claim no more than 7 days after your car wreck. This is a safe timeframe. If the insurance company expects to have your claim in a couple of weeks or several days, you’re covered. Just make sure you meet with one of our injury lawyers in Atlanta, Georgia early enough that we can review your claim. If you’re missing anything, they can let you know. This will save you a lot of time and aggravation down the road.

car accident

Georgia Law Is Very Clear When It Comes to Car Accident Lawsuit Filing Deadlines

When it comes to filing a car accident lawsuit, every state has its own rules. For example, every state has its own statute of limitations. This is the statute that dictates how long people have to file different types of legal claims.

There is a statute of limitations for both civil and criminal matters. For our purposes, the only statute we care about is the civil statute of limitations. The statute is broken down by the various types of civil cases. For example, there is one deadline for personal injury and another for breach of contract. Your attorney will let you know how long you have to depending on the type of legal claim you’re filing.

According to Georgia law, accident victims only have two years to file a legal claim. If you miss this deadline, your case will be dismissed, and you’ll never be able to file again. This means you’ll lose any chance of being compensated for your injuries.

Since this deadline is so critical, we recommend that you hire a seasoned car accident attorney in Atlanta to help you. They know what the deadlines are and understand how important it is to prepare your case ahead of time. This way, your case is as strong as it can be on the day you file.

Will They Extend the Filing Deadline?

One of the questions our clients ask us is whether we can get their filing deadline extended. Usually, they ask us this when they find out they’re days or weeks away from their filing deadline.

The truth is that nobody can get your statute of limitations deadline extended. The law just doesn’t work that way. As for your insurance claim, it all depends. Some of the factors that can impact your insurance filing deadline include the following:

  • How long it has been since your accident
  • What the terms of your policy state regarding a deadline
  • Whether your claim has already been rejected for timeliness

Depending on the facts of your case, your injury lawyer in Atlanta, Georgia may be able to get the deadline extended with the insurance company. However, there’s never a guarantee that this will happen. It depends on the company as well as its policy regarding filing deadlines. Either way, the earlier you retain an attorney, the sooner they can get to work. You don’t want to risk waiting too long because even attorneys only have so much power.

Contact a Skilled Injury Lawyer in Atlanta, Georgia as Soon as Possible

As stated above, it’s in your best interest to hire a skilled injury lawyer in Atlanta, Georgia as soon as possible after your car crash. It doesn’t matter how serious your injuries are. If you suffered any sort of injury or loss in your crash, you have a right to demand compensation.

Most of the cases we handle settle long before trial. This makes sense since more than 95% of all lawsuits settle before they go before a judge. Even though your case will probably settle, you still need to file your claim before the deadline. This goes for your insurance claim and legal claim. If you miss either, you won’t be entitled to any compensation at all.

All you have to do is call and schedule your free, initial consultation with one of our car accident attorneys in Atlanta. They can sit down with you and go over your case. They’ll let you know how long you have to file your claims. If you decide you want to retain our services, you won’t have to worry about paying anything upfront. Your initial consultation is free, and you don’t pay anything until your case settles or is otherwise resolved.

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