Losing a loved one is a devastating experience that leaves families grappling with emotional pain and sudden financial instability. When a death is caused by the negligence or intentional acts of another party, the law provides a pathway for accountability. However, the legal right to seek justice is not indefinite. In Georgia, strict timelines govern when you must file a claim.
Failing to meet these deadlines can result in the permanent loss of your right to pursue compensation. Understanding the statute of limitations in Atlanta is critical for any family seeking closure and stability after a fatal accident. Our wrongful death lawyers in Atlanta help families navigate these complex rules while they focus on healing.
The Standard Statute of Limitations in Georgia
In the state of Georgia, the general statute of limitations for a wrongful death claim is two years from the date of the individual’s passing. It is important to note that this clock starts on the date of death, not necessarily the date the injury or accident occurred. For instance, if a loved one was injured in a car accident in July but succumbed to those injuries in September, the two year countdown begins in September.
While two years might seem like a significant amount of time, the legal process involves extensive investigation, evidence gathering, and negotiations. Waiting until the last minute can jeopardize the strength of your case, as evidence like surveillance footage may be deleted and witness memories can fade over time.
Important Exceptions That May Change Your Deadline
While the two year rule is the standard, several specific circumstances can either “toll” (pause) the clock or significantly shorten the time you have to act. Navigating these exceptions requires a deep understanding of Georgia case law.
1. Tolling Due to Criminal Proceedings
If the death resulted from a criminal act, such as a DUI or a violent crime, Georgia law allows the statute of limitations to be paused while the criminal case is pending. Under O.C.G.A. § 9-3-99, the clock can be tolled for up to six years until the criminal prosecution is final. This ensures that the civil case does not interfere with the state’s pursuit of justice, and it allows families more time to gather evidence used in the criminal trial.
2. Tolling for Unrepresented Estates
If the deceased person did not have a will or if there is a delay in appointing a permanent administrator for the estate, the statute of limitations may be tolled for up to five years. This is designed to protect the interests of the estate’s heirs. However, this tolling usually applies specifically to the estate’s claims (such as medical bills and burial costs) rather than the “full value of the life” claim filed by surviving family members. Because these claims often overlap, it is best to consult an attorney to see how these dates apply to your specific situation.
3. Claims Against Government Entities
If a government employee or agency is responsible for the death, such as a city bus driver or a county vehicle operator, you have significantly less time to act. These cases require an “ante litem” notice, which is a formal notice of your intent to sue. For claims against a city, this notice must often be filed within six months. For claims against a county or the state, you typically have twelve months. Missing these shortened windows can bar your claim entirely, regardless of the two year general statute.
4. Minors and Incapacitated Survivors
If the person entitled to file the wrongful death claim is a minor, the two year clock generally does not start until they reach the age of 18. This ensures that children who lose a parent are not deprived of their legal rights before they have the capacity to act on them.
The Difference Between Wrongful Death and Estate Claims
In Atlanta, a fatal accident often results in two distinct legal actions. A wrongful death claim seeks the “full value of the life of the decedent” from the perspective of the deceased. This includes lost future wages and the loss of intangible benefits like companionship and guidance. The second action is a “survival action” brought by the estate to recover medical expenses, funeral costs, and the pain and suffering the deceased experienced prior to their passing.
Because these claims have different legal foundations, they may occasionally have different tolling rules. Managing both simultaneously requires a strategic legal approach to ensure no deadlines are missed for either type of recovery.
How Simon Bridgers Spires Supports Atlanta Families
The period following a loss is a time for mourning, not for managing complex legal filings and statutes. Simon Bridgers Spires provides the experienced representation necessary to protect your family’s future during this difficult time.
Immediate Evidence Preservation
When you contact our firm, we move quickly to secure the evidence that determines the outcome of a case. This includes downloading electronic data from commercial trucks, obtaining police reports, and securing video from nearby businesses. By acting early, we ensure that the foundation of your claim is solid long before the statute of limitations approaches.
Identifying the Correct Claimants
Georgia law is very specific about who has the right to file a wrongful death claim. Usually, the right belongs to the surviving spouse, then the children, and then the parents. If none exist, the administrator of the estate must file. We clarify these roles immediately to ensure the lawsuit is filed by the correct party, preventing procedural dismissals.
Calculating the Full Value of Life
Our firm works with economic experts to calculate the true financial impact of your loss. We look beyond just a paycheck, accounting for the emotional and personal value your loved one brought to your family. This comprehensive approach ensures that the compensation we seek reflects the true gravity of your loss.
Relentless Advocacy Against Insurance Companies
Insurance companies often use the statute of limitations as a tool to pressure families into low settlements. They may drag out negotiations until you are dangerously close to the deadline, hoping you will accept a smaller amount rather than risk losing everything. We handle all communications with the adjusters, ensuring they know we are ready to take the case to trial if they do not offer a fair settlement.
Contact an Atlanta Wrongful Death Attorney Today
Time is the most critical factor in a wrongful death case. Whether you are dealing with a standard two year deadline or a shortened government claim window, the sooner you have a legal advocate on your side, the better protected you are.
At Simon Bridgers Spires, we offer free, confidential consultations to help you understand your rights and the specific timelines that apply to your case. We work on a contingency fee basis, meaning we only get paid if we successfully recover compensation for you. This allows you to pursue justice without any upfront financial burden.
If you have questions about how long you have to file or want to begin the process of holding the responsible parties accountable, call our Atlanta office. Let us help you secure the justice and peace of mind your family deserves.