By: anckrdev February 14, 2023

Gwinnett County Car Accident Statute of Limitations

Defining Statute of Limitations

The statute of limitations for car accidents in Gwinnett County is two years from the date of the loss. A plaintiff has two years from the date of that car wreck—called the date of loss— to either settle their case or file suit.

For example, if someone was involved in a car wreck on January 1st, 2010, they have until January 1st, 2012 to either file a lawsuit or settle the case. If they go one minute beyond that date, they may not have a claim.

In some cases, litigation or trial may extend beyond the statute of limitations. As long as a proper lawsuit is filed before the statute of limitations, and the proper parties are filed and served, and as long as the proper civil procedure has been followed, the case can carry on for months or years past the two-year deadline.

There are some differences in the statute of limitations for potential plaintiffs who are children. Typically, for certain claims, a minor may wait until they have reached the age of majority, which is 18, to file a claim.

How to Find out About a Statute of Limitations

Any potential plaintiff who is curious about the statute of limitation in their case could check the official code of Georgia to determine the specific deadline. However, an attorney would be very wary of a layperson looking up any sort of law or guideline online without the aid of actual legal representation.

All too often, potential plaintiffs make mistakes in calculating the statute of limitations for their car accident case and end up missing crucial deadlines. The only way to be absolutely sure about the time period within which a plaintiff must file a claim is to speak with an experienced personal injury attorney.

Hiring an Attorney to File a Claim Within the Statute of Limitations

The statute of limitations is absolutely unforgiving and absolute. If a potential plaintiff waits too long to file suit and goes beyond the statute of limitations, they do not have a case, and they likely cannot get one penny from the insurance company. If you have been involved in a car wreck and are concerned about filing a suit within the proper time frame, consider reaching out to an attorney.

An experienced lawyer could move quickly to collect evidence, negotiate with the insurance company, and file suit within the Gwinnett County car accident statute of limitations. Contact legal representation today to schedule a consultation.