Following a personal injury, people often know that they have a legal right to compensation, but it can be difficult to know how to proceed. If you have been injured in an accident, you should consult with an attorney to understand your legal rights and options. Filing a claim for compensation is one such option, and knowing when to file is important.
So when should a personal injury claim be filed? The short answer is that you should not file your personal injury claim right away. It takes time to figure out the true value of a case and to investigate who all of the possible responsible parties might be. And even if you have a good case, it is important to consider whether it is worth the time and expense to bring a claim given the defendant’s ability to pay.
If a lawsuit is viable, the most important thing to keep in mind is that statute of limitations for your claim. The statute of limitations establishes a set time period within which a claim must be made or else it will be barred. The statute of limitations for tort claims in Georgia is found in the Official Georgia Code Title 9 Chapter 3 Section 33, which states: “actions for injuries to the person shall be brought within two years after the right of action accrues.” An action “accrues” when a victim knows that they have been injured by the defendant’s conduct. Therefore, in most personal injury cases, the two-year limitations period begins as soon as the accident occurs.
Insurance Claims
In some cases, a personal injury victim can be fairly compensated by making a claim directly to the insurer of the responsible party. Often, insurance companies will attempt to offer as little as possible to claimants and will take advantage of claimants that do not fully understand the value of their case. It is a good idea to consult with a personal injury attorney before accepting any offer from an insurance company.
Negotiations
If an insurance company rejects a claim or refuses to pay an acceptable amount, or if a responsible party didn’t have insurance to begin with, a personal injury victim’s only option may be to file a lawsuit. It is often possible to negotiate a settlement before filing a lawsuit. A demand letter from an experienced personal injury attorney coupled with effective negotiation can sometimes result in a defendant offering a reasonable settlement before a lawsuit is filed to avoid the expense and risk of trial.
Never Forget About the Statute of Limitations for Georgia Injury Lawsuits
The most important thing for personal injury victims to remember is that they must file their claim before the statute of limitations period expires. Because it takes time to prepare a lawsuit to be filed, personal injury victims should hire an attorney to begin working on their case well in advance of this date. Once the statute of limitations period has expired, a claim is completely barred.
For More Information, Contact Williams Elleby Howard & Easter, Today
If you have been injured in an accident, Williams Elleby Howard & Easter, is here to help. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, represents personal injury claimants throughout the state of Georgia in all types of personal injury cases, including auto accidents, products liability, premises liability, medical malpractice, and wrongful death cases. To schedule a free consultation, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.
