Understanding the Time Limits for Filing a Personal Injury Lawsuit: Insights from a Legal Professional

Physical pain is not the only thing you have to deal with when you are injured in an accident. You will have to spend hours of your time visiting doctors in physical therapists. If you need surgery, it may take weeks to recover. You are certain to miss hours from work. It can alter your lifestyle significantly, and you may miss important events with your family.

If your injuries were caused by the negligence of another person, it is only natural to want to sue that person to make them pay your hospital bills. Technically, you have two years after the accident to sue in Georgia. However, you will first give and negligent party’s insurance company a chance to pay your bills. 

If the insurance company refuses to pay your bills or if they offer you a paltry sum for your accident, you made then want to consider filing a personal injury lawsuit.

Filing an Insurance Claim

Dealing with the insurance company can be worse than dealing with the pain caused by an accident. Filing a claim with an insurance company can be a long process. 

You want to wait until you have visited your doctor and received a diagnosis before you file your claim. Once you file your claim, the insurance company has 15 days to acknowledge it. They will ask you to send them your documentation, and they will assign an insurance adjuster to the case when they have seen that documentation.

According to The Pendergrass Law Firm, PC, the insurance company will have 15 days to send you proof of lost forms and 15 days to conduct its investigation after you send in your paperwork. They must then decide if they will accept or deny your claim. If they accept your claim, they will make you a settlement offer. If you accept that offer, they will have 10 days to pay you. 

The insurance company’s first offer is likely to be very low. This is because insurance companies want to keep their money in-house. It is usually necessary to hire a personal injury attorney to negotiate with the insurer. Negotiations can take months. If the insurance company and your attorney cannot reach an agreement amount, you will go to court for a personal injury lawsuit.

Statute of Limitations

Although the Georgia statute of limitations is two years from the date of the accident, there are some exceptions to the rules. If The victim was under 18 when the accident happened or if the victim was mentally incompetent, they will have more time to sue. The time limit may also be extended in the case of a judicial emergency.

Always get a personal injury attorney to represent you in a personal injury claim. An attorney will be able to negotiate with the insurance company. If the case goes to court, a lawyer will make a convincing argument for you.