How Does a Traffic Ticket Affect the Timing of a Personal Injury Claim in Georgia?

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If you want to file a civil lawsuit against someone in Georgia, you need to be aware of the statute of limitations. This is basically the legal time limit to file a claim. For personal injury cases, Georgia’s statute of limitations is normally two years from the date the action “accrued.” For example, let us say you were injured in a car accident that took place on November 1, 2016. Under Georgia law, you need to sue the negligent driver no later than November 1, 2018. Even if you file one day past this deadline, the judge will throw out your case because legally, no court may hear a case once the statute of limitations has expired.

Williams v. Durden

However, there are certain events that can “toll” the statute of limitations. Tolling effectively stops the clock for a specified period of time. The burden is on the plaintiff to prove there is some legal grounds for tolling. In other words, do not assume you can simply file a personal injury lawsuit after the expiration of the two-year time limit unless you can cite a specific reason for tolling under Georgia law.

Here is an example of a recent case from the Georgia Court of Appeals in which a plaintiff was able to provide such a reason. This is a personal injury case arising from an auto accident. The accident itself occurred on October 16, 2014. The defendant’s vehicle collided with the plaintiff’s car. Police responded to the accident scene and issued the defendant a traffic ticket for “following too closely.”

The ticket directed the defendant to appear in court on the traffic charge on November 18, 2014. The defendant decided to pay the ticket instead on October 27, 2014. The way traffic tickets work in Georgia, the fine actually represents the defendant’s “bond,” or promise to appear in court. When the defendant here paid the fine, he effectively forfeited that bond as of the date specified on the ticket, which was still November 18.

The timing of all this matters because of its effect on the statute of limitations. While the two-year limit in personal injury cases normally starts on the day the action accrues–i.e., the day of the accident–Georgia law stops the clock when there are criminal charges pending. In this context, the traffic ticket is considered a criminal charge, albeit a misdemeanor. So as long as the defendant’s traffic ticket remained “pending” in municipal court, the two-year clock on the plaintiff’s personal injury claim did not start to run.

The plaintiff filed her lawsuit on November 10, 2016. The defendant argued this was too late, since he paid his traffic ticket on October 27, 2014, more than two years earlier. But the Court of Appeals held that the defendant’s traffic ticket remained pending until November 18, 2016–the day the defendant actually forfeited his bond and the municipal court made a final disposition of the criminal case. Since the plaintiff filed her complaint within two years of this final disposition date, she was free to proceed with her case.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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