Wrongful Death Statute of Limitations

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.

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.

In Georgia, the general statute of limitations for a wrongful death claim is two years from the date of the person’s death. This means:

• You have two years to file a lawsuit in civil court.
• If you fail to file within this period, your case may be dismissed, and you may lose your right to compensation.

While two years is the standard, there are specific circumstances that may pause (toll) or affect the statute of limitations:

If 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.

If there is a delay in appointing a representative of the deceased’s estate, the statute may pause for up to five years.

If 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.

Georgia law specifies who has the right to bring a wrongful death action:

• Spouse of the deceased
• If no spouse, children
• If no spouse or children, the parents
• If none of the above, the executor of the estate

Each party must act within the statute of limitations, or they risk losing the ability to recover damages.

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.

Even with the two-year window, waiting too long can hurt your case:

• Evidence can disappear
• Witnesses may forget details
• Insurance companies may become less cooperative

The sooner your attorney can begin investigating, the stronger your case is likely to be.

At 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:

• Experienced wrongful death attorneys with deep knowledge of Georgia law
• Thorough case evaluation and investigation
• Aggressive pursuit of justice in and out of court
• Compassionate guidance throughout the legal process

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.

If filed within the statute of limitations, a successful claim can result in damages for:

• Loss of financial support
• Loss of companionship
• Pain and suffering of the deceased prior to death
• Medical and funeral expenses

Here’s a quick breakdown of the key facts:

• Georgia’s standard statute of limitations for wrongful death: 2 years
• Time may be extended in cases involving criminal charges or estate delays
• Eligible parties include spouse, children, parents, or estate executors
• Missing the deadline means you may lose your right to file
• A skilled attorney can help protect your rights and pursue justice

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.