Wrongful Death in Atlanta: Statute of Limitations

In Georgia, wrongful death lawsuits must be filed within two years of the death. After this time period expires, the family will be barred from taking legal action for their losses. In some cases, this time period, known as the statute of limitations, may be extended or shortened.

If you lost a loved one, our attorneys can evaluate your claim and help ensure that it is filed within the applicable time limits. Although it may be difficult to consider legal action following an unexpected death, it is important to make sure your rights are protected. To learn more about how our attorneys may be able to help, fill out our free, no-obligation case review form today.

When Does the Statute of Limitations Vary?

There are several examples of cases where the statute of limitations will vary for a Georgia wrongful death case. If a claim is to be filed against a government municipality, city or state, the statute of limitations will be shortened to six to twelve months. (For instance, if a driver is killed due to a city’s failure to correct hazardous, unmaintained roadways, the statute of limitations may be shortened to six to twelve months.) Additionally, if a death is initially ruled an accident, but the family later discovers otherwise, the statute of limitations will begin at the time of this discovery, rather than the date of death. The statute of limitations for Georgia wrongful death cases may also be lengthened if there is no executor of the estate at the time of the death.