Trial Attorney Blog
Losing a loved one due to someone else’s negligence is deeply traumatic.
For a specific amount of time, Georgia law permits surviving family members to file a wrongful death claim One essential legal deadline is the statute of restrictions.
You can destroy your right to fight for justice if you miss it. You can lose your right to seek justice if you miss it.
At Finch McCranie LLP, many clients come to us worried they’ve waited too long. But even if that window appears closed, there may still be legal remedies available.
As experienced wrongful death attorneys in Atlanta, we’ve helped many families find options when they thought none existed.
Understanding Georgia’s Wrongful Death Time Limit
In most cases, Georgia law gives families two years from the date of death to file a wrongful death lawsuit.
This timeframe is strictly enforced, and courts often dismiss claims filed after the deadline.
However, Georgia also recognizes several exceptions that can pause or extend this limit—especially in situations involving criminal cases, probate delays, or concealed facts.
What You Can Do If the Deadline Has Passed
Here are several potential solutions that may allow you to move forward, even if the standard two-year window has passed:
Tolling for Criminal Cases
If the person responsible for your loved one’s death is also facing criminal charges—such as DUI or homicide—the statute of limitations in your civil case may be paused.
Under Georgia law, the civil time limit is suspended until the criminal case concludes, for up to six years.
Example: If someone is criminally charged for a DUI that caused a death and their case lasted three years, your wrongful death claim timeline may be extended accordingly.
Fraud or Concealed Facts
If you did not discover the true cause of death right away—due to fraud, concealment, or delayed medical findings—you may have grounds to argue that the two-year period should begin only when the cause was discovered.
These cases require strong documentation and timely legal action, but they can reopen opportunities when negligence is revealed later.
Delays in Estate Administration
Wrongful death claims are usually filed by the deceased’s next of kin or an appointed estate representative.
If there were delays in opening the estate, or no administrator was appointed within two years, Georgia law may allow for tolling up to five years.
If probate complications kept the claim from being filed, this legal avenue could help.
Other Legal Claims Still Available
Even if the wrongful death deadline has passed, the estate may still bring related claims—such as pain and suffering before death, medical expenses, or medical negligence claims.
These are called survival actions, and they have different deadlines.
Our attorneys can help you assess whether these paths are still open.
What You Should Do Right Now
Timing is everything. If you think the deadline has passed, don’t wait another day—take these steps immediately:
Speak With a Wrongful Death Attorney: A lawyer can evaluate the timeline, determine if tolling applies, and find any open legal routes.
Do Not Assume It’s Too Late: Many families wrongly assume they have no options. That assumption can cost you your case.
Gather All Available Documentation: Collect medical records, death certificates, accident reports, and any legal paperwork related to the estate.
At Finch McCranie LLP, we can help you quickly determine where your case stands—and what options are still viable under Georgia law.
Why Choose Finch McCranie?
With over 50 years of legal experience in Atlanta and throughout Georgia, Finch McCranie LLP is one of the most respected names in wrongful death and personal injury law.
More importantly, we assist in returning dignity and closure.
Millions in verdicts and settlements for families experiencing loss have been won by our advocates.
We deal with tough wrongful death circumstances, including workplace deaths, trucking accidents, car crashes, and errors in medicine.Our team is well known for its active courtroom advocacy and genuine client care.
Final Thoughts
It can be upsetting to miss the Georgia statute of limitations for a wrongful death claim, but it does not mean that your case is over.
There are exceptions under state law that may still provide legal options.
If you’re uncertain about your rights or deadlines, it’s important to take action promptly.
Time is critical—delaying could make it more difficult to pursue your claim.
Missed the Georgia statute of limitations for an action for wrongful death can be troubling, but it does not mean that your case is dismissed.
We’re here to help you explore the best path forward—for justice, closure, and the future of your family.