In the immediate aftermath of losing a loved one due to someone else’s negligence, the last thing most families are thinking about is legal deadlines. You are arranging a funeral, notifying relatives, trying to hold your family together, and someone is suggesting you need to call a lawyer. It does not feel right. It feels premature, even cold.
But here is the reality: Georgia law imposes strict deadlines on wrongful death claims, and missing those deadlines can permanently eliminate your family’s right to seek compensation, no matter how strong your case might be.
Understanding these deadlines is not about rushing grief. It is about protecting your rights during one of the hardest periods of your life.
The General Rule: Two Years
Under O.C.G.A. § 9-3-33, the statute of limitations for wrongful death claims in Georgia is two years from the date of death. That means your family generally has two years from the day your loved one passed away to file a lawsuit in civil court.
Two years may sound like a long time, but in practice, it disappears faster than most families expect. Between grieving, managing the estate, dealing with medical bills, and returning to some semblance of normal life, two years can pass before a family fully processes what happened and is ready to take legal action.
And by then, critical evidence may be gone.
Why You Should Not Wait Until the Deadline
The statute of limitations sets the outer boundary for filing. It does not mean you should wait until the deadline to act. In fact, waiting significantly weakens your case for reasons that have nothing to do with legal technicalities.
Physical evidence disappears. Skid marks fade. Surveillance footage gets overwritten, often within 30 to 90 days. Vehicles involved in accidents get repaired or destroyed. The sooner an attorney is involved, the better the chances of preserving this evidence.
Witnesses become harder to locate. People move, memories fade, and the accounts that seemed vivid right after the incident become murkier with time. Insurance adjusters know this. They sometimes delay in hopes that key witnesses become unavailable.
Insurance adjusters start their own investigation immediately. From the moment a death occurs that might give rise to a claim, the at-fault party’s insurer is building a defense. Their adjusters are gathering evidence, taking statements, and documenting everything in a way that favors their client. Your family should have someone doing the same thing on your behalf, starting as early as possible.
Some evidence requires legal tools to obtain. Black box data from commercial vehicles, electronic logging device records, cell phone records, and employer files often require formal legal process such as subpoenas or preservation letters to secure. An attorney can issue these demands immediately. Without one, that evidence may be lost forever.
Exceptions to the Two-Year Rule
While two years is the general rule, Georgia law recognizes several exceptions that can either shorten or extend that deadline. Knowing which exceptions might apply to your situation is one of the first things an experienced wrongful death attorney will assess.
Claims Involving Government Entities
If your loved one was killed due to the negligence of a government employee, such as a city bus driver, a state road crew, or a county employee, the timeline is dramatically shorter. Claims against government entities in Georgia require the filing of an ante-litem notice before any lawsuit can be filed.
For claims against municipalities, meaning cities and counties, that notice must typically be filed within six months of the incident. For claims against the state of Georgia, the deadline is 12 months. Missing these notice requirements can bar your claim entirely, even if the two-year statute of limitations has not yet expired.
This is one of the most dangerous traps families fall into, particularly in cases involving MARTA buses, city vehicles, or accidents on government-maintained property. If there is any possibility a government entity is involved, contact an Athens wrongful death attorney immediately.
Claims Involving Minor Children
When a minor child loses a parent, Georgia law provides some additional protection. In certain circumstances, the statute of limitations may be tolled, meaning paused, until the minor reaches the age of majority at 18. However, this tolling rule has exceptions and nuances, particularly when another eligible adult such as a surviving spouse could have filed the claim. Do not assume your child’s claim is automatically protected. Consult an attorney to understand exactly how the rule applies in your specific situation.
Medical Malpractice Wrongful Deaths
If your loved one’s death resulted from medical negligence, the statute of limitations is still generally two years, but Georgia’s medical malpractice framework adds additional procedural requirements, including the filing of an expert affidavit with the complaint. These cases also involve complex rules around when the two years begins to run, typically from the date of the negligent act or the date of death, whichever is later, subject to a five-year outer limit. Medical malpractice wrongful death claims are particularly time-sensitive and legally complex, and experienced counsel is essential.
The Discovery Rule
In some wrongful death cases, the cause of death may not be immediately apparent. If the negligent act that caused the death was concealed or could not have been discovered through reasonable diligence, Georgia courts may apply a discovery rule, starting the clock from when the family discovered or reasonably should have discovered the cause of death. This exception is narrow and fact-specific, and courts interpret it conservatively.
What Happens If the Deadline Passes?
If a wrongful death lawsuit is filed after the statute of limitations has expired, the defendant will almost certainly file a motion to dismiss, and the court will grant it. The case is over. It does not matter how negligent the defendant was, how devastating your family’s losses are, or how compelling your evidence. The deadline is the deadline.
There are very limited circumstances under which a court might excuse a late filing, but families should never count on those exceptions. The only reliable way to protect your rights is to act well before the deadline.
The Clock Starts at Death, Not at the Time of Injury
This is an important distinction that sometimes causes confusion. In a standard personal injury case where the victim survives, the statute of limitations typically runs from the date of the injury or the date the injury was discovered. But in a wrongful death claim, the clock starts at the date of death, which may be different from the date of the accident or negligent act.
For example, if a person is involved in a car accident on January 1 and passes away from their injuries on March 15, the two-year statute of limitations for the wrongful death claim runs from March 15, not January 1. The estate may also have a separate survival claim for damages incurred between January 1 and March 15, which is governed by different rules.
Understanding these distinctions is something an attorney handles. You should not have to navigate it alone.
Practical Steps to Take Now
If you have lost a loved one and are wondering whether you have a valid claim, here is what we recommend.
Do not wait to consult an attorney. A consultation costs you nothing. At Simon Bridgers Spires, it is always free and confidential, and it gives you clarity about your timeline and options. Even if you are not ready to move forward, you will know where you stand.
Preserve any evidence you have access to. Photos from the scene, medical records, communications with insurance companies, and police reports should all be kept and shared with your attorney.
Do not give recorded statements to insurance companies. Insurers may contact you shortly after the death, often before you have had time to process what happened. You are not required to give a statement, and doing so without legal guidance can harm your case.
Write down what you remember. Memories of events surrounding the death can fade. Writing down what you know, who was present, what was said, and what happened in the aftermath can be valuable later.
Helping Athens Families Navigate This Process
At Simon Bridgers Spires, we have worked with families across Athens and throughout Georgia who came to us at different stages. Some reached out right after the tragedy, some months later, and some uncomfortably close to the deadline. In every case, we have worked to protect their rights as effectively as the circumstances allowed.
Our lead attorney Christopher Simon has over 50,000 hours of litigation experience and spent nearly a decade on the defense side before devoting his practice to representing families. That background shapes how he thinks about every case, including how to build one that holds up under the pressure that defense attorneys and insurers will bring to bear.
If you are wondering whether your family still has time to act, or whether an exception might apply to your situation, the best thing you can do is reach out to our Athens wrongful death attorney team today. We will review your situation at no charge and give you an honest assessment of your options.
The deadline is real. But so is our commitment to helping you meet it.
Call us at (404) 259-7635 or fill out our online form to get started with your free, confidential consultation.