The legal deadline for filing a construction truck accident lawsuit is only two years in Georgia. Other deadlines might also apply. If you overstep any deadlines, you jeopardize your right to compensation. Our Albany construction truck accident lawyers can help you manage all applicable deadlines.
What Is a Statute of Limitations?
The statute of limitations, also called a prescriptive period, is a deadline that applies to people attempting to file injury lawsuits. Georgia’s two-year deadline applies to both personal injury and wrongful death lawsuits.
If you fail to file a lawsuit within this time, you will likely be unable to recover what you deserve. If you attempt to file a lawsuit, the court will likely reject it. You have the right to continue negotiations with the insurance company; however, if you can’t threaten to sue, you have no leverage.
You’ll likely need to accept a much lower settlement than you deserve. Given the severe injuries associated with construction truck crashes, you could end up paying tens of thousands or more out of pocket. This is why we recommend you get started as early as possible with an injury case.
There may be exceptions in your case, but you don’t want to risk waiting too long. We recommend that you get in touch with our Albany truck accident lawyers as soon as possible to avoid overstepping the time limit. In Georgia, this deadline is detailed in O.C.G.A. § 9-3-33.
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Truck Accidents FAQs
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There are other reasons you want to take action immediately after an accident.
Evidence Can Disappear Quickly
Evidence could disappear or be destroyed within days of your accident. This is why we recommend you call our team as soon as possible after your crash, even from the accident scene itself. We know how to handle these cases and what evidence we’ll need to establish your case.
Depending on the situation, we may need to draft and send a spoliation letter that requires the company to preserve and provide specific evidence.
There May Be a Claim Deadline
You may also need to worry about the deadline for filing an insurance claim. For example, you may need to file a claim with the construction company or trucking company’s insurance company within 30 days of your accident.
The Longer You Wait to File a Claim or Lawsuit, the Longer It May Take to Get Your Money
A construction truck accident likely caused you or a loved one to suffer serious or catastrophic injuries. These injuries and the related expenses can be astronomical. You don’t want to wait too long and leave bills unpaid.
It’s important to note that you should wait until you have reached maximum medical improvement or received a prognosis from your doctor. If not, you risk demanding (and accepting) much less than you deserve.
What If I Can’t Put the Money Together for a Construction Truck Accident Lawyer in Time?
You don’t need to. Our truck accident attorneys handle cases on a contingency-fee basis. That means you don’t need to waste precious time attempting to get funds for our fees. You pay nothing upfront. You only pay us if we win. And that fee comes from your settlement or award, never your own pocket.
You can get started with us immediately and face no financial risk.
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Is the Deadline for My Truck Accident Lawsuit Different If I Was Working at the Construction Site?
Yes, the deadline is different if you want to file a workers’ compensation claim. For a workers’ compensation claim, you need to file a claim within one year of your injury.
There are other “deadlines” you should be aware of when filing a workers’ compensation claim for a construction truck accident:
- You have 30 days to inform your employer of your injury. We recommend you do so in writing so your employer or their insurer cannot claim that you did not do so. If you fail to inform your employer within the given time, you will likely lose your right to benefits.
- If you file an appeal, and the administrative law judge upholds the original decision, you have 20 days from the date on the decision to appeal to the Board’s Appellate Division. You should begin your appeal as soon as you receive the decision.
You want to file an appeal immediately. The longer you wait, the longer it will take to get the benefits you need to stay afloat. Our Albany workers’ compensation lawyers can help you manage these deadlines.
Proving a Workers’ Compensation Case
If you were injured in a construction truck accident on your job site, you likely qualify for workers’ compensation benefits. This no-fault system allows injured workers to get the medical care and wage loss coverage they need, regardless of whether they contributed to the accident.
All you need to prove is that you were injured on your job site (or while driving for work) and that you did not intentionally cause your accident. You must also prove that the accident was not a result of horseplay or intoxication.
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Learn More About the Legal Deadlines for Filing a Construction Truck Accident Lawsuit During a Free Consultation
Get in touch with the Bader Scott Injury Lawyers team today to protect your right to compensation. We can explain what deadlines may impact your construction truck crash case and manage them on your behalf. This ensures that you are able to focus on your recovery instead of attempting to understand and abide by Georgia’s statute of limitations.
We will handle your case with no upfront fees, and you will owe us nothing unless and until we win your case. Call us today for a free consultation.
Call or text (404) 888-8888 or complete a Free Case Evaluation form