Time Limits for Filing a Wrongful Death Claim in Georgia
Losing a loved one due to someone else’s negligence is a devastating experience. While these times are difficult, if families in Georgia are seeking justice through a wrongful death claim, it’s crucial for them to understand that there are strict legal deadlines. Missing these deadlines can mean losing the right to pursue compensation entirely.
What Is the Statute of Limitations for Wrongful Death in Georgia?
In Georgia, the law sets a clear time limit for wrongful death claims, which is known as the statute of limitations. Generally, families have two years from the date of death to file a lawsuit against the responsible party.
This two-year window applies to most wrongful death cases, including those resulting from:
- Car accidents
- Truck and tractor-trailer accidents
- Defective products
- Premises liability incidents
- Environmental torts
- Other acts of negligence or misconduct
Exceptions That Can Extend or Shorten the Deadline
While the standard lawsuit filing deadline is two years, certain circumstances can modify this timeframe.
Criminal Proceedings
If the death resulted from a criminal act (such as vehicular homicide) and there is an ongoing criminal case against the defendant, the civil statute of limitations may be paused—or “tolled”—until the criminal case concludes. However, the maximum tolling period is up to six years, after which the two-year clock resumes.
Estate and Probate Delays
In some cases, if the estate of the deceased has not been formally established, Georgia law may extend the filing deadline by up to five years. However, this is specific to certain estate-related claims and does not always apply to wrongful death actions brought by surviving family members.
Claims Against Government Entities
If the wrongful death involves a government agency or employee, special rules apply. You may be required to file a notice of claim within a much shorter period before pursuing a lawsuit, which may be as short as six months.
Consequences of Missing the Georgia Wrongful Death Deadline
Failing to file within the applicable statute of limitations can have devastating consequences for families seeking justice. If you miss the time limit for a wrongful death claim, you will likely lose your legal right to:
- Hold the negligent party accountable
- Recover compensation for lost wages, benefits, or services the deceased would have provided
- Seek damages for loss of companionship, care, and guidance
- Obtain closure through a civil verdict or settlement
Courts in Georgia enforce these deadlines strictly. Even if you have undeniable proof of negligence, missing the lawsuit filing deadline typically results in an automatic dismissal of your case.
Why You Should Act Quickly After a Wrongful Death
While two years may sound like plenty of time, waiting to speak with an attorney can jeopardize your case. Evidence can disappear, witnesses’ memories can fade, and negligent parties may use delay tactics to avoid responsibility.
As soon as Butler Prather LLP takes on a wrongful death case, we begin working to:
- Investigate the cause of death thoroughly
- Preserve critical evidence
- Identify all liable parties, including corporations or manufacturers
- Calculate the full extent of financial and emotional losses
- Ensure compliance with every legal deadline
With over three decades of experience and a track record of securing verdicts and settlements across Georgia and beyond, our legal team knows how to handle complex wrongful death cases with diligence and respect.
How a Wrongful Death Lawyer Can Help
Georgia’s complicated wrongful death laws are not something families should have to face alone. A skilled attorney does more than just file paperwork. They provide guidance, protect your rights, and advocate fiercely for justice.
When you choose Butler Prather LLP, you can expect:
- Compassionate listening: We understand that this is more than a legal case—it’s your life. We take the time to hear your story and honor your loved one’s memory.
- Diligent case preparation: Our team investigates every angle, leaving no stone unturned. Whether it’s a defective product or a negligent driver, we build strong cases designed for success.
- Proven results: Our firm has secured ten verdicts exceeding $100 million and has successfully represented clients in over 30 states. We know how to stand up to powerful defendants and win.
- Personalized attention: Unlike high-volume firms, we focus on giving each client the respect and dedication they deserve.
Common Questions About Wrongful Death Deadlines in Georgia
What if I Don’t Discover Negligence Right Away?
Georgia generally starts the clock on the date of death, not the date you discover negligence. This is why immediate consultation with a Columbus wrongful death attorney is vital, even if you’re unsure whether negligence occurred.
Can Multiple Family Members File Separate Claims?
No. Under Georgia law, there is a specific order of priority for who may file a wrongful death claim, typically starting with the surviving spouse, followed by children, then parents, and finally the estate.
What Damages Can Be Recovered?
A wrongful death claim in Georgia seeks compensation for the full value of the life of the deceased, which includes both economic contributions and intangible elements like companionship. Additionally, a separate estate claim may pursue medical expenses, funeral costs, and punitive damages where applicable.
Speak with an Experienced Columbus, GA, Wrongful Death Lawyer
At Butler Prather LLP, we won’t back down from anybody when it comes to seeking justice for our clients. In fact, we’ve won record-breaking wrongful death settlements against some of the most powerful interests in the nation.
Call us at (706) 322-1990 to schedule a free consultation to learn more today.