What happens if I wait too long to sue for damages?

You could lose your right to compensation by waiting too long after a car collision to sue the negligent driver who caused you to suffer serious injuries. Georgia law sets time limits within which you must file a lawsuit or risk having your claim dismissed when you do finally sue. This law is referred to as the statute of limitations.

The purpose of the statute of limitations is to prevent car accident victims and others who may suffer a serious injury at the hands of a negligent party from delaying the filing of their claim. Delays could place the defendant at an unfair disadvantage by not being able to investigate the claim while the evidence is fresh. Witnesses may disappear or forget important information as time goes on. Evidence that might have existed following the event might be lost or destroyed with the passage of time.

A Macon car accident victim normally has two years from the date of the accident within which to file a lawsuit for compensation. If you suffer a serious injury, such as a brain injury, ad file your lawsuit beyond the two years, the negligent driver may avoid liability by asking the court in which the lawsuit is pending to dismiss the case because you violated the statute of limitations.

Children injured in a car collision are given additional time within which to sue for damages because of their age. A minor who is under 18 years of age at the time of the accident is granted a tolling of the statute of limitations under state law. This simply means that the two-year clock stops running until the minor reaches age 18 before it begins running again.

Laws pertaining to the statute of limitations are complex and are beyond the scope of this posting to cover completely. This post is not offered as legal advice, and it should not be relied upon as such by an injured car accident victim. Accident victims should talk to a personal injury attorney for legal advice.

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