Understanding the Time Limits to File a Georgia Wrongful Death Lawsuit

When you have suffered a personal injury as the result of someone else’s intentional or reckless actions, you only have a certain amount of time to take legal action. Georgia law imposes a time limit known as the statute of limitations. This is a deadline by which you must file your personal injury lawsuit in order to preserve your rights under the law.

For most personal injury claims, Georgia’s statute of limitations is 2 years. This usually means 2 years from the date you sustained the injury in question. Similarly, if a person dies as the result of a defendant’s actions, their family has 2 years from the date of death to file a wrongful death lawsuit.

Macon Judge Allows Some Claims to Proceed Against Prison Officials Over Death

While there are some conditions that allow a court to extend or “toll” the statute of limitations beyond the normal 2-year period, you should never assume that a judge will grant you such relief. Courts must interpret and apply the statute of limitations as strictly as possible. So no matter the merits of your case, you still need to make sure you file before the deadline.

A recent decision from a federal judge in Macon, McClinton v. Jones, offers a cautionary example. The plaintiffs in this case were the parents of a man who was stabbed and killed while in the custody of a Georgia state prison. The parents subsequently filed a wrongful death and civil rights lawsuit against several defendants who were officials and officers of the prison. Essentially, the plaintiffs’ lawsuit alleges the defendants violated their son’s constitutional rights by failing to protect him. The defendants moved to dismiss the lawsuit because it was filed after Georgia’s 2-year statute of limitations expired.

The plaintiffs replied that the statute of limitations was tolled by two provisions of Georgia law. First, Georgia law excluded the time between the death of a person and the appointment of a personal representative of his estate from the 2-year calculation. Second, Georgia law tolled the limitations period for a personal injury claim brought by a crime victim while a criminal prosecution was still pending in their case.

The judge, however, said neither of these exceptions applied to the parents’ wrongful death claims. The first provision only applied to personal injury claims made by the estate of the deceased. The parents’ wrongful death claim, however, seeks to recover compensation for their own losses, not those of their son’s estate. As to the second provision, again, that only applied to claims made by the victim of the alleged crime–the deceased son–and not the surviving family members. Accordingly, the judge dismissed the wrongful death claims against the defendants, although he allowed other allegations involving violations of the victim’s civil rights to proceed.

Contact Hawkins Spizman Trial Lawyers Today

If you, or someone that you love, has been injured by the actions of another, it is imperative that you take prompt action in asserting your rights under the law to seek appropriate compensation. Our Atlanta personal injury lawyers will be happy to review your case and advise you of your options. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

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