Georgia Wrongful Death Statute of Limitations (2024)

Few events in life are as tragic as losing a loved one, especially if that loss is the direct result of someone else’s negligent behavior, resulting in a wrongful death. You may be confused, infuriated, and angry. It is recommended that you retain the services of an experienced wrongful death lawyer who can help you deal with this tragedy the right way. However, before starting your claim, you should know the Georgia wrongful death statute of limitations.

What Is the Statute of Limitations for a Wrongful Death Claim?

The statute of limitations for a wrongful death claim in the state is generally two years. That means you will likely have two years from the date of the victim’s death to start the process of filing a wrongful death claim and pursuing compensatory damages from the negligent party. If you fail to file your claim within the two-year window, it is likely that your case will be thrown out, and your opportunity to be compensated will have passed.

There are a number of exceptions to the two-year rule, which can be temporarily stopped in certain situations. Those situations might include:

• If the wrongful death was due to a committed crime, the statute of limitations may be suspended until the criminal case has run its course. The maximum amount of time the wrongful death statute can be extended in this case is six years.
• If the wrongful death victim’s estate has not yet been probated, the statute of limitations may be suspended for up to five years so the estate can enter probate.

What Damages Are Available in a Wrongful Death Case?

It may be tough to think about what kind of damages you want to pursue in your wrongful death case. An experienced wrongful death lawyer can take over this process for you while you take the time to grieve and get your loved one’s affairs in order. A wrongful death case is a form of personal injury, so the damages you can pursue are fairly similar. They may include:

• Medical expenses. Your loved one’s accident may have resulted in a long-term hospital stay as their doctor tried to help them. You may be able to seek reimbursement for all the money that was spent at the hospital trying to save your loved one. This can include hospital stays, ambulance rides, medication costs, surgery costs, and any other medical expenses as a result of the accident.
• Funeral costs. It can be expensive to say goodbye to your loved one. A wrongful death claim can take into account the total cost of a burial or cremation, providing you with peace of mind and giving you the opportunity to say goodbye properly without worrying about the financial cost of the funeral.
• Lost wages. If your loved one was out of work for a while as a result of the accident before their passing, you and your family may have missed out on a substantial amount in their lost wages. You may be able to be compensated for your loved one’s lost wages, as well as their future earning potential that your family will now no longer be receiving.

FAQs

Q: Is There a Cap on Wrongful Death Claims?

A: There is no damage cap for a wrongful death claim in Georgia. The most restrictive caps on damage claims have been gradually abolished over time by the state Supreme Court. There is no damage cap for pain and suffering, burial expenses, or economic losses. The only cap that remains is one for punitive damages, which can only be awarded in cases where the defendant’s actions are found to be intentionally malicious and willful.

Q: How Long Do You Have to Sue for Wrongful Death?

A: In the state, you will have two years to sue for a wrongful death in most situations. There are some exceptions to the two-year rule, such as a criminal case or probate standing in the way of your claim. Overall, you will have two years from the initial date of the victim’s death to start building a case for wrongful death and pursuing legal action for compensation. If you miss the two-year window, your case may be thrown out, and you won’t be able to pursue damages.

Q: What Is a Survival Action Suit?

A: A survival action suit in Georgia is a kind of lawsuit brought on behalf of the deceased by seeking compensatory damages for any losses they suffered and might’ve sued for if they had survived the incident. In a survival action case, the representative of the deceased seeks compensation and holds the defendant liable for the damage they caused the deceased. It differs from a wrongful death case, which doesn’t consider survival action damages compensable.

Q: Who Are the Beneficiaries of a Wrongful Death Case?

A: In a wrongful death case, the beneficiaries of the case’s compensation are generally the victim’s immediate surviving family. First and foremost, the victim’s surviving spouse is considered to be the primary beneficiary. If there is no spouse, the victim’s surviving children are considered. If there are no children, the victim’s parents are considered. If the victim has no family, an administrator of the estate is chosen.

Reach Out to an Experienced Wrongful Death Lawyer Today

Handling a wrongful death case can be emotional and difficult to process. That’s why it is recommended that you seek out the assistance of an experienced wrongful death lawyer who can help you settle your loved one’s estate and seek damages from the negligent party responsible for their death.

The legal team at Spohrer Dodd Trial Attorneys understands the kind of help you need and is prepared to offer it to you. We can help you develop your case, gather evidence of negligent behavior, and represent your interests in court if it comes to that. Contact us to schedule a consultation with one of our valued team members and learn more about how we can help you.