Can I claim for an accident after 10 years?
Getting injured in an accident can be devastating. You might feel the repercussions of the crash for many years after the fact. After you have an accident, you should call your insurance company as soon as possible. You will want to check your insurance policy to see if it specifies time limits for filing a claim. You can get more information here.
Statutes of Limitations and Repose
Sometimes personal injury claims escalate into lawsuits. The amount of time you have to sue someone for personal injury in Georgia will depend upon the type of accident you have experienced.
The statute of limitations states that if you have been injured in an accident due to the fault of another driver, you will have two years to file a personal injury lawsuit. The same limits are applied to wrongful death lawsuits in the Peach State. You will have four years to sue for damages to your property.
The clock starts ticking the second that the accident takes place. Remember to check the time and the date of the accident when you get the accident report. In some cases, they can be inaccurate.
If you were injured because of a product defect, You will have as long as ten years to file an injury lawsuit against the manufacturer. In product defect cases, Georgia has a statute of repose rather than a statute of limitation. The clock starts ticking on the day you bought the product and not on the accident date.
Product liability cases can be extremely complex. It is often difficult to assess who is to blame for a product defect. In some cases, it may be the designer’s fault, and in other situations, there might have been a problem at the manufacturing plant itself. There are even situations in which a product’s instructions are not clear and can lead to accidents.
Product liability cases require extensive research. There are personal injury attorneys who specialize in this kind of law. They often do not want to pursue product liability unless it is a class action lawsuit because of all the research involved.
A class-action lawsuit for a product liability case can be quite lucrative if you are successful. In 1998 litigates won $206 billion from big tobacco. These cases are often settled out of court to avoid the trial time, expense, and embarrassment. A class-action suit can involve millions of people. Such a case can go on for many years, and you will want to consider the time commitment before you file or join a suit.
Problems With Time Limits
The problem with these time limits is that some injuries are not immediately detectable after an accident. You may feel just fine initially and start to have problems with pain and mobility later on.
It is always a good idea to go to the doctor after an accident, even if you are not in any pain. They will be able to run diagnostic tests and take x-rays to see if you need further treatment. In some cases, an accident can leave a person mentally incapacitated and unable to make decisions about such things as insurance claims and lawsuits.
Fraud can be very hard to prove. You will need the assistance of a trained personal injury attorney if you are trying to prove misconduct on the part of an insurance company or dishonesty on the part of the other driver or witnesses in your case.
Exceptions to the Rule
If a person was a minor when they were injured, The clock will start ticking on their 18th birthday. If they were mentally incapacitated at the time of the accident or due to the accident, The courts may grant them an extension.
If a defendant had to leave the state right after the accident, the court may give them more time to sue. If the defendant committed fraud or if additional facts are discovered after the statute of limitations or repose has run out, they may be granted an extension.
Call an Attorney
If you have had an accident and the statute of limitations is running out, you should contact a personal injury lawyer. They can negotiate with insurance companies and other lawyers on your behalf. If you need to go to file a lawsuit, they will be well versed in Georgia state personal injury laws. If your time has already expired, they may be able to get you an extension.
Having an accident is one of life’s most difficult experiences. Receiving insurance money or money from a lawsuit can help you move on with your life. If you have been injured in an accident, it is important to seek legal help as soon as possible. An experienced personal injury lawyer can help you get the money you need to cover your medical expenses and other costs related to the accident.