TL;DR:
In Georgia, families have two years from the date of death to file a wrongful death claim, with exceptions that may shorten or extend this deadline under O.C.G.A. § 9-3-33.
Key Highlights:
- Standard deadline: 2 years from the date of death (O.C.G.A. § 9-3-33).
- If criminal charges are involved (e.g., homicide), the clock pauses until the case is resolved, up to six years.
- If the estate is unprobated, the statute may be paused for up to five years.
- Filing after the deadline results in case dismissal, barring recovery.
When a person’s life is cut short due to someone else’s negligence or misconduct, their family is often left with emotional devastation and financial hardship. In such cases, Georgia law allows certain surviving family members to seek compensation for their loss. However, legal claims are subject to strict deadlines, and failing to act within the required timeframe can result in losing the right to file a wrongful death lawsuit.
Statutes of limitations exist to ensure that legal claims are pursued within a reasonable period, preventing unfair delays and preserving the integrity of evidence. Under O.C.G.A. § 9-3-33, Georgia law generally requires wrongful death claims to be filed within two years of the date of death. However, certain exceptions can extend or shorten this deadline. For example, if the death resulted from a crime, the statute of limitations may be paused until the criminal case is resolved, for up to six years. Additionally, if the estate of the deceased is not probated, the statute may be extended for up to five years.
Wrongful deaths are more common than many realize. According to the National Safety Council (NSC), unintentional injuries were the fourth leading cause of death in the U.S., with over 200,000 fatalities in 2022 alone. In Georgia, motor vehicle accidents, medical malpractice, and workplace incidents are among the most common causes of wrongful death claims.
Understanding Georgia’s wrongful death statute of limitations is critical for families seeking justice. This guide will explain how long you have to file, potential exceptions, and what steps to take to protect your legal rights.
Understanding Georgia’s Wrongful Death Statute of Limitations
A statute of limitations sets a legal deadline for filing a lawsuit. In Georgia, the deadline for wrongful death claims is outlined in O.C.G.A. § 9-3-33:
- Standard Time Limit: You have two years from the date of death to file a wrongful death lawsuit.
- Missed Deadline Consequence: If the claim is not filed within this period, you lose the right to seek compensation.
This time frame applies regardless of whether the death resulted from:
- Car accidents
- Medical malpractice
- Workplace incidents
- Criminal acts
However, there are exceptions that can extend the deadline in certain circumstances.
Who Can File a Wrongful Death Claim in Georgia?
Under O.C.G.A. § 51-4-2, only specific individuals can file a wrongful death lawsuit:
- The Spouse – The deceased’s spouse has the first right to file. If they have children, they must share compensation, but they receive no less than one-third of the settlement.
- The Children – If there is no surviving spouse, the deceased’s children can file.
- The Parents – If there is no spouse or children, the parents of the deceased can file.
- The Estate Representative – If no direct family members are available, the estate’s personal representative can file, with compensation going to the next of kin.
Filing within the statute of limitations is essential to protect your rights and secure compensation.
Exceptions That Can Extend the Wrongful Death Deadline
While the two-year rule is strict, Georgia law allows certain exceptions that can extend the filing deadline:
1. Criminal Investigation Tolling (O.C.G.A. § 9-3-99)
If the wrongful death resulted from a criminal act (e.g., DUI, homicide), the statute of limitations may be paused until the criminal case is resolved. However, it cannot be paused for more than six years.
2. Delayed Discovery of Negligence
In some cases, the cause of death is not immediately clear. If new evidence proves negligence later, the clock may start from the date of discovery rather than the date of death.
3. Minor Children as Beneficiaries
If the deceased’s children are under 18, the statute of limitations may be paused until they reach legal adulthood.
4. Probate Delays
If the deceased’s estate was not immediately opened, the clock may not start until the estate is officially established.
If you’re unsure whether an exception applies to your case, an Atlanta wrongful death lawyer can assess your situation.
Steps to File a Wrongful Death Claim Before the Deadline
Step 1: Gather Evidence
- Police reports (if applicable).
- Medical records proving the cause of death.
- Witness statements from those who saw the incident.
- Expert testimony to confirm liability.
Step 2: Identify the Liable Party
Wrongful death cases can involve:
- Negligent drivers (DUI, reckless driving).
- Hospitals or doctors (medical malpractice).
- Employers (workplace fatalities).
- Property owners (unsafe premises).
Step 3: Calculate Damages
Georgia law allows wrongful death claims to cover:
- Lost wages and benefits
- Medical and funeral expenses
- Pain and suffering of the deceased
- Loss of companionship and guidance
Step 4: File the Lawsuit or Negotiate a Settlement
Many cases settle out of court, but if negotiations fail, your attorney will file a lawsuit and fight for compensation in court.
Filing before the statute of limitations expires is crucial to protect your claim.
How Our Wrongful Death Lawyer Can Help You
If you’ve lost a loved one due to negligence, our experienced attorneys can help by:
- Investigating the cause of death
- Ensuring your claim is filed before the deadline
- Negotiating with insurance companies for maximum compensation
- Taking your case to trial if necessary
Contact us for a free evaluation to discuss your legal options today.
Conclusion
Georgia’s wrongful death statute of limitations is typically two years from the date of death, but certain exceptions may apply. Missing this deadline can jeopardize your case, making it crucial to take legal action immediately.
To protect your rights and seek justice, contact us for a free evaluation today.
