Georgia Supreme Court rules that statute of limitations extended in car accident cases where citation issued to at fault drivers.

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If you find yourself close to the two year statute of limitations, time is of the essence and you need to contact a lawyer fast. For serious injuries, call (866) 455-4709 or (404) 474-0804 to speak with attorney Jason Schultz now.

by Jason R. Schultz Jason@JasonSchultzPC.com

The Georgia Supreme Court in its recent decision in Beneke v. Parker, 285 Ga. 733, 684 SE 2d 243 (2009) redefined the method for calculating the expiration of the statute of limitations in car accident and truck accident cases. Now, in cases where a driver has received a traffic citation, the 2 year statute of limitations for personal injury cases does not begin to run until the prosecution of the citation has become final, or is otherwise terminated. Before the Beneke opinion, the statute of limitations for a personal injury claim was two years from the date of the incident. O.C.G.A § 9-3-3. After two years, if a lawsuit was not filed, the claim was time barred.
As a result of the Court's ruling, the tolling provisions of O.C.G.A. § 9-3-99 will apply in most circumstances where a traffic citation is issued. Therefore, attorneys, insurance adjusters and claimants alike will need to calculate the expiration of the statute of limitations from the date that the prosecution of the citation is finalized or otherwise terminated, as this marks the date when the cause of action accrues.

If you or a loved one has been seriously injured or killed by a drunk driver or injured by the carelessness, recklessness or negligence of another, contact Georgia Super Lawyer Jason R. Schultz PC to make sure you are compensated for all of your lost wages, medical expenses and pain. Do not face the insurance company alone.