What Is the Statute of Limitations to Bring a Wrongful Death Claim in Georgia?
Lady crying over the loss of her husband.

When a family loses a loved one because of someone else’s negligence or wrongdoing, they may have the right to pursue compensation and justice in a wrongful death claim. However, Georgia law sets a deadline for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, surviving family members have two years after a loved one’s death to file claims against those liable for that death and the family’s losses. 

Under certain circumstances, a family may have more or less time to file their claim. Working with an experienced Georgia wrongful death lawyer can help ensure your claim is filed on time. Contact our Savannah wrongful death lawyer today.

Can the Statute of Limitations Be Extended Beyond the Two-Year Limit?

There are a few exceptions that extend the statute of limitations for wrongful death claims beyond the typical two-year limit, including:

  • The law pauses or “tolls” the start of the statute of limitations for a wrongful death claim until a victim’s estate has an administrator or executor appointed by the court. However, it will only pause for up to five years.
  • When a wrongful death occurs due to a criminal act, the law also tolls the statute of limitations until the criminal prosecution is completed. The deadline can be paused for up to six years.

Is It Possible for the Statute of Limitations for a Wrongful Death to Be Shortened?

When the government bears liability for a person’s wrongful death, a different limitations period applies to the claim. Under Georgia law, a family must provide the state government with written notice of their claim within 12 months of the date of their loved one’s death. Failing to file a timely notice of claim forever prevents a family from bringing a wrongful death claim against the state.

If the case involves a local government, the deadline may be even shorter. A Georgia wrongful death attorney can help determine the specific statute of limitations that applies in your case and ensure you file any notices or claims before it’s too late.

What Happens If I Don’t File Before the Deadline?

Failing to file a notice of claim or a lawsuit in your family’s wrongful death case before the applicable deadline may result in your family losing the opportunity to recover compensation for your financial and emotional losses. When you file a lawsuit after the applicable deadline, the opposing party can file a motion with the court to dismiss the case. The court will likely grant the motion if you file an untimely claim. If this happens, you could lose your right to seek compensation in civil court.

How Long Does a Georgia Wrongful Death Claim Take to Settle?

It is challenging to predict how long it may take your family to obtain a settlement of your wrongful death claim. Some cases settle in a few months. Other cases take years to resolve. Multiple factors will influence the timeline of your family’s wrongful death case, including:

  • The circumstances of your loved one’s death, such as whether your loved one died in a motor vehicle accident, due to medical malpractice, or because of a dangerous or defective product
  • The amount of your loved one’s and family’s financial losses, including your loved one’s final medical expenses, the loss of their financial contributions to the family, and the value of the services they performed around the household
  • The number of potentially liable parties
  • The number of other people who also suffered injuries in the same accident that caused your loved one’s death
  • The complexity of the evidence in your family’s wrongful death case, including whether the case involves expert testimony or scientific or computer evidence
  • The availability of insurance coverage or other financial resources to compensate your family
  • Whether your family must file a lawsuit to pursue your wrongful death claim and the schedule of the trial court hearing your case

How Can a Savannah Wrongful Death Lawyer Help My Claim Get Filed in Time?

A skilled Georgia wrongful death attorney can help your family file your claims on time by handling the details of preparing and pursuing your family’s case, including:

  • Investigating the circumstances of your loved one’s passing to recover evidence to build your case, such as accident reports, accident scene photos, surveillance footage, medical records, or eyewitness testimony
  • Piecing the evidence together and working with expert witnesses as necessary to develop a compelling case to hold liable parties responsible for your loved one’s passing
  • Identifying the parties that may bear responsibility for your loved one’s death and the losses your family has suffered
  • Documenting the financial losses caused by your loved one’s final injury and death, including final medical expenses, funeral and burial costs, and the loss of your loved one’s earnings and financial contributions
  • Evaluating your legal options to determine the applicable deadlines for your family’s claims
  • Drafting and filing claim notices or lawsuits and filing them before the statutes of limitations expire on your wrongful death claim to preserve your family’s right to pursue financial recovery for your loved one’s death
  • Negotiating for the full compensation you are owed to help make up for the losses your family has suffered, even in court or at trial if necessary

Contact a Savannah, GA Wrongful Death Lawyer

After losing a loved one due to the negligence of others, you must act quickly to ensure your family’s claims get filed on time. Contact Spiva Law Group today for a free no-obligation consultation with a Georgia wrongful death attorney. We can listen to your story and determine the applicable deadline for your wrongful death case.

For families and victims of wrongful deaths in Savannah, GA, here are some resources:

  • 2-1-1 Information and Referral Service: Offers a comprehensive database of community services. Visit 211.org
  • Georgia Domestic Violence Hotline: Provides support and resources for domestic violence victims. Call 800-334-2836
  • National Hotline for Missing and Exploited Children: Offers assistance for cases involving missing or exploited children. Call 800-843-5678
  • Crime Victims Advocacy Council: Provides advocacy and support for crime victims. Visit cvaconline.org
  • Georgia Legal Aid: Offers free legal assistance and resources. Visit georgialegalaid.org

For a comprehensive list of resources, please refer to the Georgia Criminal Justice Coordinating Council’s website.