How long do I have to file a wrongful death claim in Georgia?

In Georgia, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased’s passing. This means that if you do not take legal action within this time frame, you may lose your right to seek compensation. However, there are certain exceptions that could extend or shorten this deadline, making it crucial to consult an attorney as soon as possible.

Exceptions to the Two-Year Statute of Limitations

While the standard time limit is two years, specific circumstances may affect this deadline. For criminal proceedings, if the wrongful death resulted from a crime (such as homicide), the statute of limitations may be paused (or “tolled”) until the criminal case is resolved, potentially giving you additional time to file your lawsuit. Claims against government entities may involve different filing deadlines and procedural requirements, often significantly shorter than two years. Probate issues can also affect the timeline, as the statute of limitations may be tolled until a legal representative is appointed if the deceased’s estate has not been properly probated. Additionally, medical malpractice cases may have additional legal considerations that affect the timeline if the wrongful death was due to medical negligence.

Why Acting Quickly Matters

Waiting too long to file a wrongful death claim can put your case at risk. Evidence can disappear, witnesses’ memories can fade, and insurance companies may try to delay proceedings to minimize payouts. Consulting a wrongful death attorney early ensures that your case is handled properly, deadlines are met, and you have the strongest chance of securing justice for your loved one.

Contact Us Today

Losing a loved one due to someone else’s negligence is devastating. If you need an Atlanta wrongful death lawyer, we are here to help. Contact us today for a free consultation and let us guide you through the legal process with compassion and experience.