If you want to file a personal injury claim in Smyrna, your filing period depends on the liable insurance company’s deadline. If you intend to file a lawsuit against the at-fault party, the state limits the filing deadline to two years.
A Smyrna personal injury lawyer can help you meet and keep track of deadlines in your case, whether you settle out of court or take the responsible party to trial.
Check Your Insurer’s Time Limit on Smyrna Personal Injury Claims
Each insurance company is allowed to set its own rules regarding how long a claimant has to ask for compensation. The best way to ensure you file your claim on time is by:
- Calling or emailing your insurance company for information on how to file a claim
- Checking your insurer’s website
- Speaking with a personal injury attorney who is familiar with the claims process
How to File a Personal Injury Claim in Smyrna
Learning your insurer’s deadline is only the first step in seeking a settlement. To secure financial recovery, you must also:
- Fill out the appropriate form(s) with information about how and where the accident happened, what injuries you sustained, and how your life has changed because of your injuries
- Submit corroborating evidence, such as paystubs, receipts, bills, and photos
- Allow the insurance adjuster time to collect their own evidence, which may include an interview with you
For a free legal consultation, call (404) 888-8888
Georgia Sets the Personal Injury Statute of Limitations to Two Years
Most, but not all, claims end in out-of-court settlements. If you do end up at trial, it will likely be because the insurer refuses to pay what your case is worth.
Under Georgia law, you generally have two years from the date you were injured to start a legal action against the liable party. You can find this deadline—also called the statute of limitations—at O.C.G.A. § 9-3-33.
Exceptions to the General Time Limit on Personal Injury Lawsuits
The statute of limitations outlined above applies to most personal injury cases, but there are several notable exceptions you should be aware of. Consider the following:
- If the city or county is liable for your injury, you have a much shorter deadline.
- If you are filing a certain kind of case—in particular, a product liability or medical malpractice case—you may have additional time to file, depending on when you discovered your injury’s cause.
- If a close relative passes away, then you can file a wrongful death suit. The time limit in wrongful death cases is two years. This deadline begins from the date of your loved one’s passing rather than the date they suffered injuries.
Keep Time Limits in Mind as You Negotiate a Personal Injury Settlement
Since recovering a settlement is generally less stressful than going to court, it is often a good idea to try to file a claim first. As your personal injury attorney works to secure damages, keep an eye on the statute of limitations. If you are getting close to that time limit, you should:
- Talk to your accident lawyer about how negotiations are going. If things are going very well and they are close to securing an agreement, they may recommend staying the course.
- Consider filing a lawsuit soon. Again, your legal representative can advise you on how and when you should do this.
- Make sure the insurer knows you are planning to go to court. Sometimes, the knowledge that a lengthy lawsuit is imminent can prompt the insurer to finally offer the settlement you have been asking for.
How Long Will Your Smyrna Personal Injury Claim Take?
The deadlines discussed above only refer to how much time you have to file your claim or lawsuit. What is the time limit for completing a personal injury claim in Smyrna? That is a very different matter.
Strictly speaking, there is no hard and fast deadline for completing a claim. This is because there is no way to predict how complex a case will be or how long the insurance adjuster may need to collect enough evidence to reach a decision. That said:
The Insurer Should Avoid Unnecessary Delays in Your Personal Injury Claim
It is an unfortunate fact that some insurers purposely drag out the claims process. Their hope is that you will get tired and settle for less than you truly deserve, which would save them money.
You can hire a personal injury law firm to deal with the insurer. This way, you:
- Do not have to speak to claims adjusters yourself
- Can access medical attention without focusing on legal matters
- Deny the insurer the chance to push you into giving up fair compensation
- Know that you are supported by someone who is familiar with how insurers work and can act quickly if the insurer violates your rights
When you hire an attorney, they can pursue both economic and non-economic damages. These can include medical treatment expenses, pain and suffering, and property damage expenses (if applicable).
You Can Check in With Your Personal Injury Lawyer at Any Time
Negotiating a settlement can take weeks or months. A courtroom trial could take considerably longer. Your attorney understands what a long, nerve-wracking process this can be, so do not hesitate to ask them for:
- Updates on how your case is progressing
- Advice on what decisions you should make
- Information about your rights and options
- Information about how they are handling (or would handle) potential challenges from the insurer
- A description of the different ways your case may go
It Is Okay to Feel Nervous After Filing a Personal Injury Claim
The legal process for seeking accident compensation is often very complex and involves strict deadlines. Combine this with the shock and trauma of your accident, and it is completely understandable if you feel anxious, impatient, or frustrated with your case.
It may help to remember that you do not have to face this situation alone. A personal injury law firm can be there to support you at every step of the way.
Complete a Free Case Evaluation form now
Filing an Insurance Claim Within the Time Limit in Smyrna
Bader Law Injury Lawyers urges you to act quickly to protect your rights after an accident. Once the time limit for filing a personal injury claim in Smyrna expires, you can no longer recover the damages your family needs. Call to start your free initial consultation today. We can get started on your case without charging upfront fees.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
