What Are Notice Requirements?
There are two kinds of deadlines for personal injury claims: statute of limitations and notice requirements.
- State or federal laws, called “statute of limitations,” tell you how long you have to file a lawsuit. For example, in Georgia, you have up to two years to file most types of personal injury claims.
- Notice requirements can be set by state, federal, or local law or by a contract you signed, like a car insurance policy. They tell you how long you have to report an injury when you file a lawsuit.
Notice requirements require you to tell someone if they’re responsible for an injury or loss you’ve suffered (such as notifying your insurance company that you had an accident). If you don’t tell them you got hurt, you can’t file a claim for your injuries and damages later.
You should know that both deadlines apply to your claim. For example, if you are well within the statute of limitations but didn’t give notice before the deadline, you don’t have a claim, and in most cases, you won’t be able to bring it to court.
Statute of limitations tend to have much longer deadlines than notice requirements. They are also much easier to miss since many people who have been hurt don’t even know they have a deadline.
How Long Are Notice Requirements in Georgia?
Depending on the type of case, the exact amount of time you have to give notice varies. Also, each city or town has the right to set its own notice requirements, which means they can be very short. In general:
- The insurance company sets the rules for when you have to tell them about a car accident claim. These can be as short as one day. In other words, you must notify your insurance company as soon as possible.
- In some cases, you may have up to 30 days to give notice about a slip and fall claim. Keep in mind that this depends on your area.
- For claims against the government, like getting hurt on government property, there are special rules called ante litem (Latin for “before court”) requirements. These may give you a shorter deadline than usual and give the government a chance to respond before you file a lawsuit.
Contact the Personal Injury Lawyers at The Brown Firm
After getting hurt, the best thing to do is talk to a lawyer immediately. Because legal deadlines are hard to understand, you should speak with a lawyer as soon as possible. Your lawyer will know when the deadline is and will be able to file the proper notice for you.
If you have been injured, the experienced personal injury attorneys at The Brown Firm offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to speak with our personal injury team today!
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