Losing a loved one is never easy, especially when their death was caused by someone else’s negligence or misconduct. In these situations, families may have the right to pursue justice through a wrongful death claim. However, Georgia law places strict deadlines on how long you have to file. Missing this deadline could mean losing your ability to seek compensation entirely.
At David Bell Law Firm, we understand how overwhelming the legal process can feel while you are grieving. Below, we’ll walk you through the timeline for filing a wrongful death claim in Georgia and what exceptions may apply.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person’s death is caused by another party’s negligence, recklessness, or intentional act. Common examples include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Criminal acts, such as assaults
In Georgia, wrongful death claims allow surviving family members to seek compensation for both the full value of the deceased person’s life and certain expenses related to the death, such as funeral costs and medical bills.
Georgia’s Statute of Limitations for Wrongful Death
Georgia has a statute of limitations that must be addressed to file a wrongful death claim.
If you do not file within this period, the court will likely dismiss your case, and you will lose the opportunity to recover damages. That’s why it’s crucial to act promptly and consult with an experienced wrongful death attorney as soon as possible.
Exceptions That May Affect the Timeline
Some exceptions may extend or shorten the filing period:
Criminal Proceedings
If the death resulted from a crime, the statute of limitations for the civil wrongful death case may be paused (“tolled”) until the criminal case is resolved. In these situations, families may have up to six years to file. Georgia courts have recognized tolling in criminal-related matters under O.C.G.A. § 9-3-99.
Estate Claims
In addition to wrongful death claims, the deceased person’s estate may also pursue claims for medical expenses, pain and suffering, or other damages. The deadlines for these estate-related claims can sometimes differ. See Engleman v. McCullough, 278 Ga. App. 681 (2006), which discusses how estate claims and wrongful death claims are treated separately under Georgia law.
Government Entities
If the wrongful death claim involves a government agency (for example, a city or county vehicle accident), special notice requirements and shorter deadlines may apply. These ante litem notice requirements are strict, as outlined in O.C.G.A. § 36-33-5 for cities and O.C.G.A. § 36-11-1 for counties.
Because these exceptions are highly fact-specific, it’s important to speak with a lawyer right away to ensure you don’t miss a critical deadline.
Why Acting Quickly Matters
Waiting too long can make your case more difficult. Evidence can be lost, witnesses may become harder to locate, and insurance companies often try to minimize claims over time. By beginning the process early, you give your attorney the best chance to build a strong case on your behalf.
How David Bell Law Firm Can Help
Navigating the aftermath of a wrongful death is one of the hardest challenges a family can face. At David Bell Law Firm, we are committed to standing by you with compassion and legal experience. Our team can:
- Explain your legal rights and filing deadlines
- Investigate the circumstances of your loved one’s death
- Gather evidence and interview witnesses
- Negotiate with insurance companies
- Represent you in court if necessary
You don’t have to face this process alone. We are here to help you seek the justice and financial security your family deserves.
Contact Us Today
If you’ve lost a loved one due to someone else’s negligence in Georgia, don’t wait to take action. Contact David Bell Law Firm in Augusta, GA today to schedule a consultation. We’ll review your case, explain your options, and help you understand how long you have to file a wrongful death claim.
Call us today or visit David Bell Law Firm to get started.
