WHEN DATE NIGHT IN BUCKHEAD ENDS IN AN AUTO ACCIDENT
It’s Date Night, the one night of the week you and your hubby get to spend an evening together. An evening without worrying about the children.
You genuinely look forward to these evenings, and most importantly, you get to eat your dinner in peace while it is still hot! The babysitter finally arrives at your home. As you head down Roswell Road, already enjoying a conversation with your hubby, a car runs through the traffic light at Piedmont road, hitting you from the side. You are hurt, and your vehicle is totaled.
WHAT IS NEXT?
THE INSURANCE CLAIM AND THE STATUE OF LIMITATION AS IT RELATES TO YOUR AUTO ACCIDENT
The at-fault driver’s insurance company wants to talk to you about your claim for your medical COSTS and your Pain and Suffering. You think to yourself, “this auto accident was clearly their fault.” The adjuster sends you an “authorization” to allow the insurance company to obtain medical records. No, Wait.
FILING A CLAIM, YOURSELF IS NOT THAT EASY, AND IT COULD POTENTIALLY HURT YOUR CASE
As you look the paperwork over, you realize that it is not limited to getting just the records for the treatment you received, but also all previous medical records. Why would the adjuster want access to all of your medical records? Why does this authorization allow the adjuster to get your employment records as well?
Feeling uneasy about signing the release, you decide to obtain your medical records to submit your claim.
Who knew it could be this difficult to get your medical records and bills? Who has time for all of this? Then it happens. You receive a letter from the insurance company informing you that you no longer have a claim against the person who caused the auto accident because the Statute of Limitation has expired. What?!
WHY IT IS IMPORTANT TO SEEK A LAWYER IMMEDIATELY AFTER THE AUTO ACCIDENT
When clients come to our office seeking help too late, there is little we can do. Unless the case fits into an exception, such as criminal prosecution of the guilty party. We have learned that many of our potential clients are not aware of what a “statute of limitation” is or how it affects their legal rights. Georgia’s Statute of Limitation requires handling Personal Injury Cases within two years of the date of the wrongful act.
Bringing a claim to court does not mean you have notified the at-fault driver’s insurance company of your injuries. Nor does it mean that you submitted your settlement claim within two years.
“Bringing a claim” means a Personal Injury Lawsuit must be filed and served on the at-fault person within these two years. Failing to do so results in forfeiting all legal claims you have against the at-fault person. This statute is unforgiving. Filing your lawsuit just one day after the 2-year statute expires can undoubtedly result in a dismissed claim.
Exceptions to the 2 Year Statute in an Auto Accident
Like all statutes, there are exceptions. These can include situations such as the defendant facing prosecution by law enforcement for your injuries. The 2-year statute of limitation does not begin to run until after that criminal case has ended.
Traffic citations are included as “criminal prosecutions.”
In other words, if your accident injuries occur on June 1, 2019, but the at-fault driver pled guilty to running the stop sign on July 15, 2019, you have until July 15, 2021, to file and serve your lawsuit. If you have a claim for personal injuries arising from a car wreck, Attorney Julie Essa can help.
Our goal is to tenaciously represent each and every case. We know how to effectively negotiate with insurance companies and are familiar with various courts and their processes in the Atlanta and surrounding area. We will fight for you, the client and strive to achieve maximum payout for injuries received. Hiring an experienced Personal Injury Law Firm allows you to focus on getting better and moving on with your life.