Losing a loved one is devastating. When that loss is caused by someone else's negligence or wrongdoing, the emotional toll is often accompanied by financial uncertainty and legal questions. One of the most critical issues families face is the statute of limitations—the legal time limit to file a claim. At Finch McCranie LLP, we guide grieving families through these difficult moments with experience, compassion, and clarity.
If you're considering a wrongful death lawsuit, it’s vital to act within the legal deadline. Missing this window can permanently bar you from recovering damages, no matter how strong your case may be.
What Is a Statute of Limitations?A statute of limitations sets the maximum time after an event that legal proceedings may be initiated. In the context of wrongful death, this law determines how long you have to bring a civil claim against the responsible party. Each state sets its own deadlines, and there are exceptions and nuances to consider.
Georgia’s Statute of Limitations for Wrongful DeathIn Georgia, the general statute of limitations for a wrongful death claim is two years from the date of the person’s death. This means:
While two years is the standard, there are specific circumstances that may pause (toll) or affect the statute of limitations:
1. Criminal ProceedingsIf the wrongful death is tied to a criminal act (e.g., DUI, homicide), the civil statute may be paused until the criminal case concludes. This pause can last up to six years, giving families more time.
2. Estate Administration DelayIf there is a delay in appointing a representative of the deceased’s estate, the statute may pause for up to five years.
3. Minors and Incapacitated HeirsIf the person entitled to file the lawsuit is a minor or mentally incompetent at the time of death, the statute may pause until they are legally able to act.
Who Can File a Wrongful Death Claim in Georgia?Georgia law specifies who has the right to bring a wrongful death action:
Each party must act within the statute of limitations, or they risk losing the ability to recover damages.
What Happens If You Miss the Deadline?If you try to file a wrongful death lawsuit after the statute of limitations has expired, the court is likely to dismiss your case immediately. Unfortunately, this is true even if you have clear evidence of wrongdoing or negligence. That's why it's essential to contact a qualified attorney as soon as possible after a loss.
Why Time Is of the Essence in Wrongful Death CasesEven with the two-year window, waiting too long can hurt your case:
The sooner your attorney can begin investigating, the stronger your case is likely to be.
What Finch McCranie LLP Can Do for YouAt Finch McCranie LLP, we’ve spent decades representing families in Atlanta and across Georgia who are navigating the aftermath of wrongful death. Our firm offers:
We understand that no amount of money can replace your loved one—but we can help you hold the responsible party accountable and secure the compensation you deserve.
What Can Be Recovered in a Wrongful Death Case?If filed within the statute of limitations, a successful claim can result in damages for:
Here’s a quick breakdown of the key facts:
If you’ve lost someone due to negligence or wrongdoing, don't navigate the legal system alone. Our team at Finch McCranie LLP is ready to help you understand your rights, meet legal deadlines, and fight for justice on behalf of your loved one.
Contact us today for a free consultation. Let us handle the legal burden while you focus on healing.