Is There a Perfect Time to Sue After a Car Accident?

Key Points:

  • When you have been injured in a Georgia car, truck, or motorcycle accident, you typically have two years to file a claim in Georgia.
  • The timing of your claim is important; filing too early or too late can affect your level of compensation.
  • An insurance company may attempt to get you to settle quickly because you may be less likely to know the extent of your injuries or expenses shortly after your accident.
  • It is best to consult with an experienced car accident attorney soon after your accident so you can devise the appropriate plan for moving forward with your claim.

Table of Contents

You Should Never Delay Calling a Lawyer

Starting a legal claim and talking to a personal injury lawyer are two separate things. There’s a best time for a lawyer to file the claim, which is usually when all the costs are known, and the total price of the accident is clear. This helps make sure the settlement covers the whole cost of the accident.

Filing a legal claim is different from contacting a lawyer. You shouldn’t wait to call a lawyer. The reason is that a lawyer can tell you what to do next to improve your chances of getting a settlement. If you think you shouldn’t talk to a lawyer because you’re waiting for more medical bills, this can actually hurt your claim.

The Importance of Acting Quickly After a Car Accident

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When you file a legal claim for a car accident, you’re asking an insurance company to pay you for the damages. The timing of your claim is important because it can greatly affect how much money you get. If you file too early, you might not have enough proof to show why you need the full amount of money. If you file too late, you could miss the deadline for submitting a claim, which is usually two years after the accident. If you miss this deadline, called the statute of limitations, you won’t be able to get any money for your claim.

Filing a car accident claim early has several advantages, including:

  1. Preserving evidence: The sooner you file a claim, the more likely it is that important evidence from the accident will still be available. This can include photographs of the scene, damage to the vehicles, and any debris or skid marks on the road.
  2. Witness testimony: Filing early increases the chances of locating and interviewing witnesses while their memories of the accident are still fresh. Over time, witnesses may forget details or become harder to track down.
  3. Prompt medical attention: Filing a claim early can help ensure that you receive the necessary medical treatment for your injuries. This not only helps with your recovery but also provides crucial documentation for your claim, showing the extent of your injuries and the required treatment.
  4. Timely compensation: The sooner you file a claim, the sooner you may receive compensation for your damages. This can be important for covering the high cost of medical cares, lost pay and income, and other expenses the accident has caused.
  5. Meeting deadlines: By filing early, you avoid the risk of missing the statute of limitations, which is the deadline for filing a lawsuit or claim. Missing this deadline can result in losing your right to pursue compensation.
  6. Increased negotiation leverage: Filing a claim early can give you more time to negotiate with the insurance company. This can lead to a better settlement offer, as you’ll have more time to gather evidence, build a strong case, and advocate for fair compensation.

How Quickly Should A Settlement Offer be Accepted From an Insurance Company After a Car Accident?

After a car accident, insurance companies will often try to settle quickly with the injured party. They do this in the hopes that the injured party will be eager to receive any money they can get and will not take the time to fully understand their legal rights. However, it is important to remember that insurance companies are not on your side. Their goal is to pay you as little as possible.

How Can A Personal Injury Lawyer Help?

A lawyer who also specializes in car, motorcycle and truck accident cases and injury claims can help you understand your legal rights and options and can negotiate with the insurance company on your behalf.

One of the most helpful things an experienced attorney can do is time the submission of your legal claim or demand to help you achieve the best results. There are a number of factors that a lawyer will consider when making this decision, including:

  • The severity of your injuries and whether you have fully recovered
  • The extent of your property damage
  • The fault of the other driver
  • The strength of your evidence
  • The negotiation process with the insurance company

By carefully considering all of these factors, a lawyer can help you maximize the amount of compensation you receive.

The Disadvantages of Filing a Claim Too Early

Filing a claim too early can mean that you might not know everything about your injuries, the evidence and costs. Some costs might not show up right away, which means you could agree to a claim that doesn’t cover all your medical bills and other expenses.

For example, let’s say you think your injuries are not that bad and you’ll get better quickly. But after a few weeks, your injury doesn’t seem to be healing, and you need more tests. These tests show that you need surgery to fully fix the damage. If you had already settled the claim, then you would have to pay for the bills that come up later. This is because when you settle your claim, you usually give up your right to get more money for the same accident in the future.

If you file your claim too fast, you might miss out on getting more money that you could have received. It is often best to gather all of the necessary evidence and to understand your legal rights before you make any decisions about your claim.

Why You Shouldn’t Wait Too Long to File Your Claim

In the state of Georgia, there is a two-year statute of limitations on car accident cases. Any attempts to file a claim or lawsuit after two years have passed since the accident will be denied unless you qualify for an exception.

You should also avoid waiting too long to file a claim because some evidence has a shelf life. For instance, eyewitnesses typically remember things most vividly the closer it is to an occurrence. If you wait too long, then eyewitnesses might forget their testimony or statements made to the police and the details of the accident. Delaying more than necessary can also put added financial stress on you from the expenses incurred because of the accident.

I am very appreciative of the help I received from Millar Law Firm. The staff was so professional and kind from beginning to end. Everyone I encountered was very kind and attentive to my case. I dealt primarily with Joe Baker who always answered any questions in a timely manner and took the time to explain and address any concerns I had. I highly recommend this firm!

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Kathie N.

The Millar Law Firm Specializes in Helping Car Accident Victims Negotiate the Best Possible Settlement of Their Injury Claim

If you or a loved one has suffered an injury in a car accident, then make sure you seek the advice of an experienced personal injury lawyer.

The Millar Law Firm has been helping Georgia accident victims receive compensation for their injuries for nearly three decades. We know how to balance the proper timing of personal injury cases and will do what it takes to ensure you receive a full and fair settlement for your claim.  Call The Millar Law Firm today at (770) 400-0000 or contact us online for your free legal consultation with one of our attorneys.

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