How much time do I have to file a claim after a bicycle accident?

Generally, the statute of limitations in Georgia for personal injury cases is two years from the date of the accident. This period of time, however, can sometimes be shorter or longer. If you were hurt because the road was in bad shape, say for example there was a pothole, then you may have a case against Georgia’s Department of Transportation. In cases where you may have a claim against the city, county or state, the deadline for you to bring your claim may be shorter than two years and you may need to send an ante litem notice. The time deadline could be as short as a year or six months.

Sometimes depending on what happened to cause the crash, the time you have to bring your case could be longer. For instance, if a criminal prosecution was brought or could have been brought against the at-fault driver, the statute of limitations may be paused for the duration of that prosecution, up to six years. O.C.G.A. § 9-3-99.

As a general rule, while you can wait to consult with a lawyer, it’s a good idea to consult with a lawyer early on because in addition to notifying the insurance companies on your behalf, and determining whether an ante litem notice may be necessary, a lawyer will more likely be able to gather evidence while the evidence is still more readily available.

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