Georgia Auto Accident Lawsuit Process

Filing an auto accident lawsuit in Georgia, an inside look.

Although most cases settle well before a lawsuit is needed, our auto accident lawyers are giving you an inside look at some of the most frequently asked questions about the Georgia auto accident lawsuit process. If you have been hurt, a personal injury lawyer can guide you through each step.

Read below to see what others have asked us in the past about the process of filing an auto accident lawsuit in Georgia. You can also call now at (404) 662-4949 and speak to one of our specialized team members who will be happy to answer any additional questions you may have.

How long do I have to file a car accident lawsuit in Georgia?

The statute of limitations for a Georgia car accident lawsuit is two years. Georgia Code section 9-3-33 says “Actions for injuries to the person shall be brought within two years after the right of action accrues.” Learn more about this deadline on our Georgia statute of limitations page. The clock will start running on the date of the accident.

However, you should give yourself enough time to file a lawsuit, because you do not want to miss the two year window. It’s very possible that your case may not need a lawsuit to win a substantial settlement. However, to keep the option open, it is important to get a Georgia car accident attorney involved early enough to keep that option open.

Georgia Auto Law works only on car and truck accident cases. Many firms take whatever comes through the door; we would rather know one area properly than several partly. Every member of the team works on Georgia auto accidents and nothing else.

How much will it cost me to file a lawsuit?

You will not be asked for money upfront. For the detail, see our page on car accident lawyer cost. Georgia car accident cases are handled on a contingency fee, which means the attorney's fee is a percentage of what is recovered and is owed only if there is a recovery. Filing fees, records and expert costs are real and are advanced by the firm; how they are accounted for at the end is set out in the written fee agreement.

Nothing is payable upfront. Please look at the Georgia Auto Law No Fee Pledge™ for how the arrangement works in detail.

How long does the lawsuit process take for a Georgia car accident lawsuit?

The short answer to this question is “it depends.” Many Georgia car accident cases settle well before any lawsuit is filed; however, sometimes a lawsuit is needed to leverage against the other side. It is true that the litigation process for a car accident case can take substantial time, but sometimes this process is needed to get you the compensation you deserve.

Sometimes, our auto accident attorneys are able to move through the process very quickly. But, other times–with more complex cases–it may take longer to make sure we build your case as strong as possible in order to get you the highest amount of compensation. If you are curious about what your case might be worth, our settlement calculator can provide an initial estimate.

Georgia Auto Law handles Georgia car and truck accident cases and nothing else, so the process we run has been built around exactly these claims. It is always our goal to resolve a case as quickly as the medical picture allows — settling before that is clear is how people end up short.

Will my case to go to trial?

Most cases settle, and trials have become less common across the board. Sometimes one is necessary anyway — and if it is, you will have a Georgia car accident attorney who tries these cases in your corner.

Our specialized, car accident attorneys can help you.

At Georgia Auto Law, every member of our team works exclusively on Georgia auto accident cases. That means we do not divide our time, research, or resources across other areas of law.

You are welcome to call one of our auto attorneys at any time, day or night, at (404) 662-4949. You can also complete our consultation form, and one of our car accident attorneys will reach out to you within minutes. With our No Fee Pledge, you owe no attorney's fee unless we recover for you. We are here for you.

Frequently Asked Questions

How long do I have to file a car-accident claim in Georgia?

Two years from the date of the crash under O.C.G.A. § 9-3-33 for personal injury and wrongful death. Property-damage-only claims have four years under O.C.G.A. § 9-3-32. Missing the deadline almost always bars the claim entirely, even if the at-fault driver clearly caused the crash.

What is modified comparative negligence in Georgia?

Under O.C.G.A. § 51-12-33, a Georgia plaintiff who is less than 50% at fault can still recover, but their damages are reduced by their percentage of fault. At 50% or more, recovery is barred entirely. This is why insurance adjusters work hard to assign you any percentage of fault they can.

What if the at-fault driver has no insurance?

Georgia requires every auto policy to offer uninsured-motorist (UM) coverage under O.C.G.A. § 33-7-11. UM coverage on your own policy pays when the at-fault driver is uninsured, underinsured, or flees the scene. Multiple household policies can sometimes be stacked for higher limits.

Do I need a lawyer for a Georgia car accident claim?

For minor property-damage claims, often no. For any claim involving injuries, missed work, lasting symptoms, or disputed fault, a Georgia personal-injury attorney typically recovers far more than the policyholder would negotiating alone, even after the contingency fee. Initial consultations are free.