Trial Attorney Blog
Losing a loved one due to someone else’s negligence or intentional act is a devastating experience.
While no legal action can undo the tragedy, Georgia law allows surviving family members to pursue wrongful death claims to seek justice and compensation.
However, one critical aspect to be aware of is the time limit, also known as the statute of limitations, for filing a wrongful death suit.
Missing this deadline can result in the permanent loss of your right to file a claim.
If you’ve recently lost a loved one and are considering legal action, consulting experienced wrongful death lawyers in Georgia is essential.
These legal professionals can help you understand your rights and ensure you act within the allowable time frame.
Understanding Wrongful Death Claims in Georgia
A wrongful death claim is a legal action brought when someone dies due to the negligent, reckless, or intentional behavior of another party.
Common causes of wrongful death include:
- Car accidents caused by a negligent driver
- Medical malpractice
- Defective products
- Criminal acts such as assault or homicide
- Unsafe working conditions
Georgia law allows specific surviving family members to bring a claim, such as the spouse, children, or parents of the deceased.
In some cases, a personal representative of the estate may also file the suit.
These claims seek compensation for various damages, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of future earnings
- Loss of companionship or support
- Emotional suffering of the surviving family members
What Is the Statute of Limitations for Wrongful Death Lawsuits in Georgia?
In Georgia, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death.
This means that you must file your lawsuit within this two-year window, or you risk losing the legal right to pursue compensation.
However, certain circumstances can pause or extend this time limit.
Working with skilled wrongful death lawyers is critical to ensuring you understand how these exceptions may apply to your case.
Exceptions and Extensions to the Time Limit
While the general rule is two years, there are exceptions that can either shorten or extend the filing deadline:
Criminal Investigations or Charges
If the wrongful death involves a criminal act and the state initiates a criminal case (e.g., vehicular homicide, manslaughter), the civil statute of limitations may be paused (tolled) until the criminal proceedings are resolved.
After that, the two-year clock starts again.
Estate Probate Delays
Georgia may also toll the statute of limitations for up to five years if the estate of the deceased has not been officially probated or a personal representative hasn’t been appointed.
However, this tolling does not apply in every situation, and it is best navigated with the help of experienced wrongful death lawyers.
Minor Beneficiaries
If the wrongful death claim involves minor children, different rules might apply concerning their portion of the claim.
However, the primary wrongful death claim itself still must be filed within the regular two-year window unless tolled for another valid reason.
Why You Shouldn’t Wait to File
Even if an extension or tolling applies, delaying action can jeopardize your case.
Evidence can be lost, witnesses may become unavailable, and memories can fade.
Filing early helps build a strong case and provides your legal team ample time to collect the necessary documentation.
Moreover, insurance companies and opposing attorneys may take your claim less seriously if you approach the deadline.
Wrongful death lawyers advise that the sooner you begin the legal process, the stronger your position will be.
The Role of Wrongful Death Lawyers
Wrongful death lawyers play a crucial role in guiding families through this emotionally and legally complex process. Their responsibilities include:
- Investigating the cause of death
- Identifying liable parties
- Gathering medical records, police reports, and expert testimony
- Calculating damages and negotiating settlements
- Filing the lawsuit within the statute of limitations
- Representing you in court if needed
By hiring a knowledgeable attorney, you can focus on healing while they work to secure the compensation and justice your family deserves.
Choosing the Right Wrongful Death Lawyer in Georgia
Selecting the right lawyer can make a significant difference in the outcome of your case. Look for:
- Proven experience handling wrongful death cases
- A strong record of verdicts and settlements
- Compassionate and personalized service
- Transparent communication about fees and timelines
- Knowledge of Georgia’s specific wrongful death laws
Most wrongful death lawyers offer free initial consultations and work on a contingency fee basis, meaning they only get paid if you win the case.
Final Thoughts
The loss of a loved one is an emotional journey filled with grief, confusion, and often, injustice.
While no amount of money can replace a life, pursuing a wrongful death claim can provide financial relief and hold the responsible party accountable.
In Georgia, you generally have two years to file a wrongful death lawsuit, but various factors can impact this deadline.
That’s why it’s essential to consult experienced wrongful death lawyers as soon as possible.
With their guidance, you can navigate the legal process confidently and ensure your family’s rights are fully protected.
For nearly six decades, Finch McCranie LLP has built a winning legacy in personal injury law.
What began in 1965 with the courtroom tenacity of Baxter Finch and Claude Ross continues today with a commitment to justice.
Contact us today to work with one of Georgia’s most respected trial firms.