Drunk driving accidents have an expiration date. If you have suffered any injuries and damages due to a drunk driver’s irresponsible actions, you can pursue financial compensation to cover them. To get your settlement as fast as possible, you also need to act quickly and file before the deadline.
There is a statute of limitations for personal injury claims in Georgia. If you go past the time limit allotted, you cannot pursue compensation even if the drunk driver was entirely at fault. It is your responsibility to hold yourself accountable for this deadline. Hiring a lawyer can help ensure that you do not procrastinate when filing for a claim.
John Foy & Associates has lawyers well versed in drunk driving and car accident law. We have helped countless clients get a settlement for their damages after the irresponsible and reckless endangerment of those that drive under the influence. For a free consultation, call us today at (404) 400-4000.
The Statute of Limitations for a Drunk Driving Claim in Georgia
Under the Official Code of Georgia Annotated (OCGA) §9-3-33, you have two years to file your claim. This is a long time but be cautious as it can go by very quickly. Many personal injury victims have sat on their claims and failed to file before the statute of limitations. They lost out on the chance to win a settlement and had to pay out-of-pocket for virtually all of their damages.
Do not find yourself in a situation where you cannot help yourself overcome the debt and stress that your damages will inflict upon you. You can hold the drunk driver liable for your damages and get the money you need to help you recover from your injuries and prevent lasting damage to your financial health.
Filing Too Early Can Work Against You
You should not wait too long to file a claim, but this does not mean that you should file instantly after your accident. If you file too early, you could reach a settlement that might not cover all of your damages.
For example, you could end up needing further medical treatment for any unforeseen consequences. In this case, since you settled already, the at-fault party and the insurance company are no longer obligated to provide you with financial compensation. This means you would need to pay for the cost of further treatment yourself.
Consider the whole playing field before you file. Yes, you should aim to file as quickly as you can, but only after you received the maximum amount of treatment possible and have strong case evidence backing you.
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Georgia Follows the Comparative Negligence Rule
Remember that you need to have strong evidence and proof on your side when you file a claim. Even if the drunk driver committed a crime by driving while intoxicated, you still need to show that you were not responsible for what happened.
Georgia is an at-fault state under the Official Code of Georgia Annotated (O.C.G.A.) §51-12-33, meaning that it follows the comparative negligence rule. In this rule, you must be less than 50% responsible for your accident to file a claim. Whatever percentage you are responsible for gets deducted from your settlement amount.
Getting a lawyer to represent you and help you build your claim first before filing is important. Do not file a lawsuit against a drunk driver before receiving professional legal assistance. Doing so might cost you the ability to recover a settlement. Building a case takes time, so always try and do so quickly and not wait until the last minute.
Let Our Lawyers Help You File
Keeping track of deadlines, building a strong claim, and seeking quality medical treatment can become overwhelming. After just getting out of a traumatic experience like a car accident, the last thing that you need is to stress yourself out even further.
Our lawyers will always put your needs well above anything else. We will not only ensure that you keep in accordance with the statute of limitations, but we will also help you gather evidence, consult with experts, interview witnesses, and much more. Our firm’s number one goal is winning a settlement to help our clients get through the aftermath of their accident as smoothly as possible.
Get in Touch for a Free Consultation
At John Foy & Associates, we offer free consultations to all cases. There is no risk and no obligation to you when we do our free case review. We never charge any fees upfront and work on a contingency basis. If we cannot recover compensation for your case, we will not charge you anything. There are no hidden costs, and we do not pressure you into paying for anything.
Our client testimonials highlight our dedication and skill to every case we take on. Call us today to schedule an appointment with one of our lawyers at (404) 400-4000.