What Is the Statute of Limitations on a Wrongful Death Claim in Georgia?

When you lose a family member due to somebody else’s wrongful acts, omissions, or legal fault, you and your family need time to grieve and process your loss. That’s both natural and necessary. Eventually, you may want to explore ways to hold those at fault accountable. It’s possible to seek just compensation in Georgia through a wrongful death claim.

If you and your family choose to pursue a wrongful death claim against the party or parties responsible for your family member’s death, it’s important to understand the law and its deadlines. The statute of limitations in Georgia usually sets a two-year limit for wrongful death claims. Consider speaking to an experienced Athens wrongful death attorney as soon as you are ready to begin seeking legal accountability and financial compensation for your loved one’s passing.

If you have questions about how long you and your family might have to pursue a wrongful death claim in Georgia, a knowledgeable wrongful death attorney from R. Alan Cleveland, LLC is ready to help. Contact us now for a free claim review.

Georgia’s Statute of Limitations on Fatal Accident Claims

Under Georgia’s statute of limitations for wrongful death claims, families typically have two years from the date of their loved one’s death to file a lawsuit against the responsible party or parties. Filing your lawsuit after this deadline expires means that the other party in the case can file a motion to have your claim permanently dismissed from court.

Circumstances That Could Extend the Deadline

Under certain circumstances, the two-year statute of limitations for wrongful death claims in Georgia can be extended or “tolled.” These include:

• If the circumstances that caused your loved one’s death result in a criminal prosecution against the at-fault party, the two-year limitations period will begin only when the criminal prosecution is resolved.
• The statute of limitations can be tolled for up to five years due to a delay in probating the deceased individual’s estate.
• A court might toll the statute of limitations on a wrongful death claim if the surviving family did not or could not have reasonably known of the other party’s liability for their loved one’s death.
• A court may also impose tolling if the at-fault party willfully conceals facts establishing their liability for the decedent’s death.

How Is Wrongful Death Defined in Georgia?

In Georgia, wrongful death describes situations in which a person’s death results from a crime, negligence, recklessness, or defective products or property. In essence, a wrongful death claim continues the personal injury claim that a deceased person could have brought had they survived their final injury or illness.

Who Gets the Money in a Wrongful Death Lawsuit in Georgia?

The compensation recovered in a Georgia wrongful death lawsuit is usually paid to the surviving spouse, children, or grandchildren of the decedent. If the decedent has no surviving spouse or descendants, any compensation recovered in a wrongful death suit can be paid to the next-of-kin instead. Some expenses incurred by the decedent’s estate may be recovered by the decedent’s personal representative.

What Is the Difference Between a Wrongful Death Claim and an Estate Claim?

Wrongful death cases often involve two related but separate claims: the wrongful death claim and the estate or survival claim. The primary difference between these claims involves the losses for which they seek compensation.

The Wrongful death claim is brought by the decedent’s family and is based on the value of the decedent’s life to the family.  There is no formula in the law for computing the value of the decedent’s life, which is determined by a jury at trial.  Many factors go into the determining the value of the life, which is why it is important to have an experienced wrongful death attorney evaluate your claim.

An estate claim seeks compensation for expenses and losses incurred by the decedent prior to their passing and by their estate after their death. It could include the medical expenses from the final injury or illness, pain and suffering, funeral expenses, and estate administration expenses.

How Hard Is It to Prove Wrongful Death?

Sometimes liability for wrongful death is clear, but in other cases, the legal responsibility for the person’s death is vigorously contested or denied. In order to prove your family’s right to recover compensation through a wrongful death claim, your attorney will need to establish that it was more likely than not that your family member’s death was caused by the other party’s negligence, recklessness, or intentional act.

Establishing negligence requires showing that the responsible party owed your loved one a duty of care. For example, all drivers owe a duty of care to operate their vehicles in a safe and lawful manner. In medical malpractice, attorneys document how the family member’s treatment failed to meet accepted standards of care.

Next, your claim will show how the at-fault party breached their duty of care and how those actions or omissions caused your loved one’s death.

Finally, wrongful death claims document that your loved one and family have suffered financially compensable losses.

Establishing that someone’s recklessness caused your loved one’s death requires showing that the other party consciously disregarded a substantial risk that their actions or omissions would lead to your loved one suffering a serious or fatal injury. For example, drunk driving is a form of recklessness.

When a wrongful death results from an intentional act, the responsible party could be held liable in a civil lawsuit even if no criminal charges are filed or if criminal proceedings do not result in a guilty verdict. Civil wrongful death cases carry a lower burden of proof than criminal matters.

Do You Need a Lawyer for a Georgia Wrongful Death Claim?

It’s not required, but it will make the process easier. Hiring a lawyer to help with your family’s Georgia wrongful death claim can help protect your family’s rights and interests while giving you the space you need to heal from your loss.

An experienced Georgia wrongful death lawyer can help by:

• Investigating the circumstances of your loved one’s death to recover evidence that shows how your loved one’s death occurred and identifies those responsible for their passing
• Calculating the “full value of the life” of your deceased family member to ensure that your family pursues maximum compensation and justice from those at fault for your loved one’s death
• Filing your family’s claim with the responsible parties and their insurance companies
• Pursuing a negotiated settlement that provides your family with fair and full compensation for your loss
• Advocating on your family’s behalf in court and at trial if necessary

If you’ve lost a loved one due to someone else’s negligent or intentional act, turn to R. Alan Cleveland, LLC for help from a knowledgeable Georgia wrongful death attorney. You and your family deserve accountability and justice. We are ready to stand up and fight for you.

Call us or contact us online whenever you are ready to discuss your situation with a lawyer in a free and confidential consultation.

R. Alan Cleveland

An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.

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