Are There TIme Limits For Pursuing an Accident Based on Drowsy Driving Accidents?


July 15, 2014

While the issue of time limits and deadlines may seem like an inconsequential matter of “procedural housekeeping,” auto accident victims need to understand the importance of meeting timing requirements in the legal system.  For example, if a person suffers a permanent spinal cord injury and brain damage that will make the person dependent on caregivers forever, the injury victim can forfeit his or her ability to obtain compensation through a civil lawsuit by not properly filing a claim and meeting all requirements before the statute of limitations has run (i.e. expires).  When a person suffers this type of horrific life-altering injury, the harsh impact of failing to file a lawsuit before the expiration of the statute of limitation may seem unfair.  However, the judge does not have discretion to disregard the statute of limitations or make an exception for those who fail to comply with this time limit.

There also are other deadlines that can impact your case or even bar recovery against particular defendants.  For example, their can be time deadlines in insurance policies.  Additionally, if you do not provide information so that your attorney can reply to discovery requests in a timely manner, the insurance company may file a Motion to Compel that requests attorney fee sanctions as a result of the delay.  In extreme cases of non-cooperation with discovery requests for information or documents, the court can even exclude evidence on certain issues or prevent a party from raising certain legal issues.  When you are suing a governmental entity like the State of Georgia, Fulton County or the City of Atlanta, you must also comply with the additonal requirements and shorter time dealindes under the notice of claim act prior to filing a personal injury lawsuit.  If a claim is not made to the government entity within the required statutory period, you may be barred from recovery against the public entity.

Time deadlines apply to all legal matters.  If you or a family member suffers injury or you lose a loved one because of a sleep deprived driver, an experienced Atlanta car accident attorney at Montlick and Associates is available to provide effective legal representation to those throughout all of Georgia and the Southeast, including all smaller cities and rural areas in the state. 

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333).  You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.