Statute of Limitations for Filing a Wrongful Death Lawsuit in Georgia

• August 15, 2025
• Attorney David Mann
• Wrongful Death

The statute of limitations for filing a wrongful death lawsuit in Georgia is typically two years from the date of the deceased’s passing. This legal time frame serves as a countdown for families to pursue justice, and missing it can bar your ability to file a claim, regardless of its merit.

Understanding how this timeline applies to wrongful death cases is key when deciding on legal action.

A free case evaluation with an experienced wrongful death attorney from Mann Law Firm can help clarify the following legal insights that help you recover maximum compensation for the loss of your loved one due to someone else’s negligent actions.

How Long Do I Have To File a Wrongful Death Lawsuit in Georgia?

Under Georgia law (O.C.G.A. § 9-3-33), most families have up to two years from the date of a loved one’s death to file a wrongful death lawsuit. However, that two-year statute of limitations can be extended or shortened based on unique circumstances specific to Georgia’s legal system. The actual deadline depends on:

• Criminal investigations: If the death involved a criminal act, the statute of limitations may be “tolled” (paused) while criminal proceedings are pending, allowing additional time to file your claim once law enforcement completes its investigation.
• Discovery of harm: In rare instances where key facts about the wrongful death are discovered after the fact, Georgia courts may consider evidence affecting the filing deadline. However, this is most relevant in cases where harm was not immediately obvious.
• Minor beneficiaries: If the person entitled to file a claim is a minor, Georgia law may pause the statute of limitations until the child reaches adulthood, ensuring their right to recover isn’t lost simply because of age.

Georgia’s civil court procedures strictly enforce these timelines, and missing the statutory window can prevent your family from ever pursuing the compensation you deserve.

Because these legal nuances can significantly impact your rights and eligibility, consulting a wrongful death attorney familiar with Georgia statutes and court regulations is key to seeking justice.

Who Can Sue for Wrongful Death in Georgia Within the Statute of Limitations?

If you’ve lost a loved one and are within the statute of limitations to seek justice and compensation, the following individuals may be eligible to file a wrongful death lawsuit in Georgia:

• The surviving spouse: The spouse of the deceased has the primary right to file a wrongful death claim. If there are surviving children, the spouse must also represent their interests in the claim.
• The surviving children: If no surviving spouse exists, the deceased’s children may file the lawsuit on their own behalf.
• The surviving parents: In cases where the deceased has no spouse or children, the parents of the deceased may pursue a wrongful death claim.
• The personal representative of the estate: If none of the above individuals are able to file, a personal representative may step in. This could be someone appointed by the family, the court, or named in the deceased’s estate plan.

Speaking with an experienced legal professional can help clarify who is eligible to file and when the process should begin. Taking timely action ensures that your family’s rights are protected and that justice is pursued within the legal framework.

How a Wrongful Death Attorney Supports Your Claim

A wrongful death attorney plays a key role in overcoming the unique legal challenges that families face after losing a loved one. Here’s how an attorney can help strengthen your claim under Georgia law:

• Navigating Georgia wrongful death statutes: Your attorney interprets and applies the Official Code of Georgia Annotated (O.C.G.A.) to ensure your lawsuit is filed within the statute of limitations and assesses any potential exceptions based on state law.
• Managing court procedures and legal filings: Georgia court rules can be complex. An attorney handles the preparation, filing, and management of all legal documents, preventing costly mistakes and meeting critical deadlines.
• Collecting and preserving key evidence: From obtaining police reports and medical records to coordinating expert witness testimony, your attorney builds a compelling case that supports your right to compensation.
• Addressing insurance disputes: Insurance companies may dispute liability or the value of your claim. A lawyer negotiates directly with insurers, advocating for a fair settlement that addresses your financial and emotional loss.
• Representing your interests in court: If your claim proceeds to trial, your attorney will present the evidence, navigate trial procedures, and defend your family’s rights every step of the way.

Working with a knowledgeable wrongful death lawyer can make the legal process more manageable, ensure compliance with Georgia regulations, and maximize your chances for a favorable outcome.

Wrongful Death Lawsuit Statute of Limitations FAQ

Can multiple family members file separate wrongful death lawsuits in Georgia?

Georgia law allows only one wrongful death lawsuit to be filed on behalf of the deceased. Eligible family members must work together to determine who will file the claim, often with the guidance of an attorney to ensure compliance with state laws.

What happens if the statute of limitations expires during a criminal investigation?

In Georgia, the statute of limitations may be paused, or “tolled,” during a criminal investigation related to the wrongful death. This ensures families have adequate time to file a civil claim once the criminal case concludes.

Does the statute of limitations apply differently to wrongful death claims involving government entities?

Wrongful death claims against government entities in Georgia often have shorter filing deadlines and additional procedural requirements. Consulting an attorney familiar with these cases is essential to avoid missing critical deadlines.

How does Georgia law handle wrongful death claims involving out-of-state defendants?

When the defendant resides outside Georgia, the statute of limitations may be tolled while they are out of state. This legal nuance ensures that families are not disadvantaged by jurisdictional challenges.

Need Help Filing a Wrongful Death Lawsuit in Georgia? Contact Mann Law Firm for Comprehensive Legal Support

Filing a wrongful death lawsuit is a significant step, and understanding Georgia’s statute of limitations is essential to protecting your ability to seek justice. The process can be challenging, but it’s not one you have to navigate alone.

Mann Law Firm is ready to provide the legal clarity and support you need. Contact a wrongful death lawyer from our firm online or at (478) 742-3381 for a free case evaluation to discuss your situation and determine the next legal steps.