No matter how strong your wrongful death case may be, there’s one thing you can’t overlook: The Georgia wrongful death statute of limitations.
The statute of limitations is the legal deadline for filing a lawsuit. If you miss this deadline, your family may lose the chance to get the compensation, no matter how valid your case may be.
Wrongful death cases in Georgia often involve complex legal rules and strict timelines. If you’re not familiar with the process, it’s easy to make mistakes that could hurt your case. That’s why many people choose to work with an experienced wrongful death attorney who can guide them every step of the way.
How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
In Georgia, you have two years from the date your loved one passed away to file a wrongful death lawsuit. This time limit is known as the statute of limitations. If you miss this deadline, you may lose your right to take legal action and recover compensation. Even if you have strong evidence, the court typically won’t allow your claim if it’s filed late.
Because the process can take time from gathering evidence to preparing the paperwork, it’s always best to start early.
Circumstances That Can Affect the Time Limit
Some exceptions can either pause (“toll”) or shorten the Georgia deadline for wrongful death. Here are a few situations where that might happen:
- Criminal Cases: If your loved one’s death is also part of a criminal case, like a homicide, the two-year deadline may be delayed. The clock usually doesn’t start until the criminal case is finished. This delay can last up to six years.
- Estate Probate Issues: If the person’s estate hasn’t been officially opened in court, the time limit might be paused. This pause can last for up to five years.
- Minors Involved: If the person who has the right to file the lawsuit is under 18, the time limit may not start until they become an adult.
How an Athens Wrongful Death Lawyer Can Help
At Ruppersburg Injury & Accident Attorneys, we understand that no lawsuit can make up for your loss. But holding the responsible party accountable and securing financial support for your family’s future can provide a sense of justice and peace.
Here’s how we can help:
1. We’ll Handle the Legal Process So You Don’t Have To
We take care of every detail like filing documents, communicating with insurance companies, and managing court procedures, so you don’t have to.
2. We’ll Investigate the Death
We work with investigators, medical experts, and accident reconstructionists to gather evidence that proves liability. Whether the death was due to a car accident, medical malpractice, or a slip-and-fall, we’ll uncover the truth and build a strong case.
3. We’ll Determine the Full Value of the Claim
Georgia’s wrongful death statute allows compensation for both tangible and intangible losses. We calculate the “full value of the life of the deceased,” which can include lost income, benefits, companionship, guidance, and more.
4. We’ll Negotiate With Insurance Companies
Insurance companies are known for trying to minimize payouts. We know their tactics, and we won’t let them take advantage of your family during this vulnerable time. Our team pushes for fair compensation that truly reflects your loss.
Contact Our Wrongful Death Lawyer
An attorney can help ensure that your wrongful death claim is filed correctly and within the required timeframe. They’ll handle the investigation, paperwork, and negotiations, allowing you to focus on grieving and recovery.
If you’ve lost a loved one and have questions about filing a wrongful death lawsuit in Georgia, contact us at 706.354.1000 to speak with a wrongful death lawyer.