If you’ve been injured in a car accident and negotiations with the insurance company fail, filing a lawsuit may be the next step. Understanding when you can sue, how long you have to act, and how the process starts in Georgia can help you protect your rights and position your case for success.
Can You Sue for a Car Accident in Georgia?
Yes. In Georgia, you can sue for a car accident involving either injuries or property damage. Even if there are no injuries, you can still bring a claim for property damage if the at-fault party or their insurer refuses to pay what you are owed.
Injury-related lawsuits typically involve claims for:
- Medical expenses (past and future)
- Lost income
- Pain and suffering
- Other related damages
While many property damage disputes are handled directly between insurance companies, lawsuits can still be necessary in cases of denial or unreasonable offers.
How Long After an Accident Can You Sue in Georgia?
Georgia’s statute of limitations for personal injury claims is two years from the date of the accident. However, there are important nuances:
- If the at-fault driver receives a traffic ticket, the statute of limitations can be “tolled” (extended) until the ticket is resolved.
- For property damage claims only, the statute of limitations is four years from the date of the accident.
Failing to file within these deadlines means you lose the right to bring your claim.
How Do I Start a Lawsuit in Georgia?
Starting a lawsuit involves several key steps:
- Consult with an attorney: A lawyer near you can evaluate your claim, gather evidence, and determine the best legal strategy.
- File a complaint: This legal document outlines your claims, damages, and the relief you seek.
- Serve the defendant: The complaint must be formally delivered to the person or entity you’re suing, following Georgia’s service rules.
- Proceed through litigation: This includes discovery (exchange of evidence), depositions, motions, and possibly trial.
While you can technically file a lawsuit yourself, representing yourself puts you at a significant disadvantage against an experienced defense attorney. A qualified and experienced attorney near you ensures that all legal deadlines, procedural rules, and evidence requirements are met.
Why Legal Representation Is Crucial in the Lawsuit Process in Georgia
Filing a lawsuit is more than just submitting paperwork—it’s navigating a complex legal system where strategy and evidence can make or break your case. An experienced Georgia car accident attorney in Atlanta, Marietta, Lawrenceville, or the community nearest to you knows how to use the law, discovery tools, and court procedures to maximize your leverage against the insurance company. This professional guidance not only increases your chances of winning but also ensures that you secure fair compensation for both your immediate losses and long-term needs.
