How long do I have to pursue a wrongful death claim?

What is the Statute of Limitations for Wrongful Death in Georgia?

You might be wondering what is the statute of limitations for wrongful death in Georgia. Wrongful death cases (and all civil cases) are governed by the statute of limitations which essentially provides time limits within which a case must be filed. These limitation periods vary in length. When the time begins and ends is based on the facts and circumstances surrounding a particular case and the unique facts of that case. This can include the jurisdiction in which the death occurred, the age of your loved one at the time of their death, whether government entities were involved, and more.

The period of time can be as short as one year or as long as eight years. If you are bringing a claim against a public entity such as a municipality, there can be additional requirements including filing a notice of claim within six months of your injury. If you fail to comply with any of these deadlines, it typically means that your claim is completely barred, even if you have a strong case. Many insurance policies also have notification deadlines written into your contract. Even if you have not decided to pursue a wrongful death lawsuit, it is extremely important to get immediate legal advice to avoid missing any of these critical deadlines. Additionally, there are some circumstances under which the time deadline may be “tolled”, or does not run for some period of time.

Statute of Limitations for Wrongful Death in Georgia & Other Timely Concerns

While the instinct to delay  is entirely understandable, given the difficulties that come with such a loss, there can be significant risk to not taking quick action following a fatal car accident or other incident resulting in wrongful death. When parties delay pursuing a claim for wrongful death, the ability to gather the most important evidence necessary to prove liability and causation could be lost or damaged. When a loved one dies in a crash, evidence like skid marks, vehicle damage, paint transfer and other critical proof may disappear.

In the case of an accident involving construction sites, trucks or other hazards, sub-contractors and other entities can change, making it extremely difficult to track down, for example, a day laborer who may have committed the negligent conduct that caused a construction accident or that may be a crucial witness.

Why You Must File Your Claim Within the Statute of Limitations for Wrongful Death in Georgia

The obstacles to evidence are only part of the problem. The law imposes strict deadlines. Failure to comply with these timing requirements can result in severe damage to one’s ability to get the full measure of compensation to address all forms of loss. The statute of limitations for initiating a wrongful death claim generally is two years (O.C.G.A. Title 51, Ch. 4), but it can vary depending on the facts of the case and specific circumstances.

However, not filing a lawsuit within the statute of limitations that apply to your case will almost always mean you will lose out on filing the claim altogether. This is why our Georgia wrongful death lawyers strongly advise anyone who might have a wrongful death claim to call for a free consultation as soon as possible, to avoid missing out on these kinds of deadlines.

Sometimes, there are exceptions to the general statute of limitations, making the time for filing a claim shorter or longer. Regardless of when the death of your loved one occurred, you should call for a free consultation to ensure that you and your family do not miss out on any possible claims.