Why Uninsured Motorist Coverage is Crucial in Car Accident Cases

File a Personal Injury Claim in Atlanta

Navigating the aftermath of an accident can be a tumultuous time, filled with recovery, adjustments, and, inevitably, concerns about the legal steps necessary to secure compensation for your injuries. 

In Atlanta, as in the rest of Georgia, understanding the statutory time limits, also known as the statute of limitations, for filing a personal injury claim is crucial. These legal deadlines are designed to ensure fairness in the litigation process, preventing the indefinite threat of lawsuits and encouraging the timely resolution of disputes.

Going over the time limit allotted to begin a claim for personal injury may cause your case to be completely invalidated by Georgia Law. So it’s best to play it by the book and always act as soon as possible with the representations of professional legal experts.

In this blog post, Castan Lecca & Boeschen will describe all the nuances of the statute of limitations in Atlanta. We will also offer the services of our exceptional team of lawyers, always providing superior results to all those who seek legal counseling! 


What Is The Statute of Limitations in Atlanta?

In Atlanta, the statute of limitations for most personal injury claims is two years from the date of the accident. This means that if you’ve been injured, whether in a car accident, a slip-and-fall incident, or any other situation where another’s negligence caused you harm, you have two years to file a lawsuit against the parties you believe are responsible. 

Failing to file within this timeframe generally means you lose the right to sue for compensation for your injuries. This is the main reason everyone should always act promptly whenever they are faced with a personal injury claim.

However, it’s important to note that there are exceptions and nuances to this rule that can extend or shorten this period in specific circumstances. For example, claims against a city, county, or state government agency may have different notification and filing deadlines, often requiring action within just a few months of the incident.


Why Timeliness Matters?

Why Timeliness Matters?

Adhering to the statute of limitations is critical for several reasons:


  1. Preservation of Evidence: Over time, evidence may become harder to locate or less reliable. Filing promptly helps ensure that all relevant evidence is available and can be effectively used in your case.

  2. Witness Recollections: Similar to evidence, the memories of witnesses can fade over time. Swift action can help secure accurate witness statements that support your claim and are less likely to be refuted by third parties.

  3. Peace of Mind: Timely filing allows you to move forward in your recovery process, knowing that your legal affairs are being addressed while you focus on healing your injuries and managing other important issues.

Exceptions and Considerations

While the two-year limit is the standard, several exceptions could impact your case:


  1. Injury Discovery: In cases where the injuries were not immediately apparent, the statute of limitations may begin from the date the injuries were discovered or reasonably should have been discovered.

  2. Minors: If the injured party is a minor, the time limit to file a claim may not start until they reach the age of majority (18 years old in Georgia).
  3. Mental Incapacity: If the injured party is mentally incapacitated, the statute of limitations may be paused until the incapacity is resolved.

All cases are different, and it is essential to be aware of all the factors that could change the statute of limitations, extending or reducing the established two-year limit. This is why it’s so important to have skilled legal counsel by your side, so nothing ever pops up unexpectedly and turns your whole case upside down. 


Navigating the Legal Process

Navigating the Legal Process

Understanding and navigating the statute of limitations can be complex, highlighting the importance of consulting with an experienced personal injury attorney in Atlanta. An attorney can help you understand how the statute of limitations applies to your specific situation, explore any exceptions that might extend your filing deadline, and ensure that your claim is filed in a timely and effective manner.

If you’re looking for a professional team of personal injury lawyers, count on Castan Lecca & Boeschen to be by your side during these hard times. We always provide superior results thanks to the hard work of our exceptional attorneys who work nonstop to bring justice to your case.

And remember, the path to recovery after an injury is not solely physical; it’s also legal and financial. Being aware of and respecting the time limits for filing a personal injury claim in Atlanta is essential for preserving your right to seek justice and compensation. 

With the right information and legal support, you can navigate these deadlines confidently, focusing on your recovery while your legal team focuses on securing the compensation you deserve.

Are you interested in knowing more about the process you should follow when facing a personal injury case? Read more on it here! 

If you or anyone you love needs legal representation, call Castan Lecca & Boeschen today for a free consultation! 678-825-3611.





(864)761-4141

Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.