If you are recovering from a truck accident in Georgia, it is important to understand how the “statute of limitations” works. This is just one example of a seemingly complex legal phrase that represents a deceptively simple concept. As an injured plaintiff in Georgia, you can expect to encounter many of these unfamiliar words and phrases while navigating a lawsuit. What exactly is the statute of limitations, and why is it important during a truck accident lawsuit in Georgia?
The Statute of Limitations is Simply a Time Limit
In simple terms, the statute of limitations is a legal time limit. There are statutes of limitations for virtually every type of legal action – from criminal charges to debt collections and much more.
If the statute of limitations “expires,” legal action is no longer possible. In the criminal world, this means that you may escape criminal charges if too much time passes since your alleged offense. When it comes to debt collections, creditors lose the right to pursue debts if this time limit expires. In the context of truck accident lawsuits, you lose the right to sue if you wait too long after your accident.
How Long is the Statute of Limitations for Truck Accidents in Georgia?
In Georgia, the statute of limitations for truck accident lawsuits is two years. This means that, in most cases, you have to file your lawsuit within two years of the accident. If this time limit expires, you lose the right to sue. While this might seem like a lot of time, two years can pass by surprisingly quickly. It is worth noting that many other US states have much longer statutes of limitations for auto accidents.
Generally speaking, you should file your lawsuit as soon as possible after your truck accident. There is no real benefit of waiting, and you may experience considerable challenges even after brief delays. For example, a key eyewitness might die or move out of the state. Evidence could be lost or destroyed. Digital files can get corrupted or accidentally deleted. You should move swiftly to secure this evidence and give yourself the best possible chance of a positive outcome.
In some cases, the time limit for truck accident lawsuits is even shorter. If you were struck by a government commercial vehicle (such as a USPS truck), you may only have six months to file your claim. This also applies to city or state utility trucks, garbage trucks, and so on.
The Time Limit Only Starts Once You Become “Aware” of Your Injuries
In some cases, you may be able to sue even after two years passes. Technically speaking, the time limit only begins once you become aware of your own injuries. Although it might seem impossible to be unaware of your own injuries, this is relatively common. For example, you might fall into a comatose state after your truck accident in Georgia and regain consciousness years or even decades later. In this situation, the two-year time limit would begin from the moment you regained consciousness.