Understanding the Statute of Limitations for Wrongful Death Cases in Georgia
Losing a loved one is always devastating—especially when their death was caused by someone else’s negligence or misconduct. In Georgia, families have the right to file a wrongful death lawsuit to seek compensation for the loss of their loved one’s life. However, the law sets a strict deadline for doing so. This deadline is known as the statute of limitations, and missing it could mean permanently losing your right to hold the responsible party accountable. That is what The Spizman firm is here to help you with.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies due to the wrongful or negligent actions of another party. Common examples include deaths resulting from car accidents, medical malpractice, defective products, workplace incidents, or intentional violence.
In Georgia, the law allows certain family members—typically the spouse, children, or parents of the deceased—to bring a claim for damages such as lost income, loss of companionship, and the value of the deceased’s life.
What Is the Statute of Limitations in Georgia?
Under Georgia law (O.C.G.A. § 9-3-33), the statute of limitations for most wrongful death cases is two years from the date of death. That means the surviving family members must file a lawsuit within two years or risk having the case dismissed by the court.
Are There Exceptions to the Two-Year Rule?
Yes. While two years is the standard rule, there are certain situations where the statute of limitations may be paused or extended:
- Criminal Proceedings:
If the death resulted from a crime (such as homicide), the two-year clock may be paused—or “tolled”—while the criminal case is ongoing. Once the criminal case concludes, the family generally has two years from that point to file the wrongful death claim. - Estate Administration Delays:
If the deceased’s estate is not immediately probated, the statute of limitations for certain related claims may be tolled for up to five years while the estate is being administered. This does not necessarily pause the wrongful death statute, but it can affect other aspects of the case. - Minor Children as Plaintiffs:
If the deceased’s children are minors, a guardian may need to file on their behalf. While the statute typically still applies, courts may allow more time in specific cases involving minors.
Why Timing Matters
Failing to file your wrongful death claim before the statute of limitations expires will likely result in your case being thrown out—regardless of how strong your evidence may be. That’s why it is crucial to speak with an experienced attorney as soon as possible after your loved one’s death.
Our knowledgeable Atlanta wrongful death lawyers can help you gather evidence, identify the liable parties, and ensure that all deadlines are met.
Contact The Spizman Firm
If you’ve lost a loved one due to someone else’s negligence or wrongdoing, The Spizman Firm is here to help you pursue justice and compensation. We understand the pain and complexity of wrongful death cases and will guide you every step of the way.
We proudly serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a confidential consultation.
