In Georgia, the deadline to initiate a wrongful death lawsuit is typically two years from the day of the deceased’s passing. If you attempt to file your claim after the two-year deadline has passed, the court will likely dismiss it, regardless of how strong your case is. It is important to recognize that certain factors may influence the amount of time you have to take action. A Georgia wrongful death lawyer can help you meet the appropriate deadline and seek justice for your departed loved one.
What Factors Could Affect the Two-Year Time Limit?
In most cases, the clock begins to run on the date of a person’s death. However, several exceptions can affect the two-year statute of limitations for filing a wrongful death claim, including the following:
- Crimes – If the claim for wrongful death involves a criminal act, the timeframe to file suit may not begin until after the courts resolve the criminal case. However, in most cases, survivors are still subject to a six-year deadline.
- Sovereign immunity – If a government entity is a defendant in the case, survivors must file a notice with the relevant government within a certain timeline. The deadline may be anywhere from six months for cities to a year for counties and the state.
- No will – If the victim died without a will, the statute of limitations on a subsequent wrongful death claim may be paused for up to five years.
- Minors – When the surviving beneficiary is a minor, they have two years after their 18th birthday to pursue a wrongful death claim.
What Is the Deadline for Filing an Estate Claim in Georgia?
In addition to pursuing a claim under Georgia’s Wrongful Death Act, the decedent’s estate may also file a separate action to recover various losses. Estate claims are typically filed by the estate to recover compensation for the fatal event itself, including funeral expenses, burial costs, medical bills, and the pain and suffering the victim experienced. Georgia’s two-year statute of limitations on personal injury claims applies to these claims.
How Long Will a Wrongful Death Lawsuit Take to Settle?
The duration of a wrongful death lawsuit in Georgia can vary widely based on various factors, including:
- How complex the case is
- How clear the evidence of the at-fault party’s liability is
- The willingness of the parties to negotiate
Some wrongful death cases can settle in a matter of months. However, more complex claims may take several years. Cases that have to go to trial take much longer to resolve.
When Should You Contact a Wrongful Death Lawyer?
Have you lost your loved one to the negligent, intentional, or otherwise wrongful acts of another party? If so, seek legal help as soon as possible. Prompt action will provide you with several benefits, including:
- Preserving crucial evidence – Contacting a dedicated attorney early on will give you the best chance of preserving critical evidence for your case. It ensures witnesses are still reachable and provides the best chance of physical evidence still being accessible.
- Handling insurance companies – Insurance companies act with their own best interest in mind. If you talk to the insurance company without first consulting an attorney, there is a chance that they may try to trick you into undervaluing your claim. Seeking legal guidance early on ensures you have an advocate to handle all communication with the insurance company.
- Avoiding mistakes – Given how complex wrongful death claims are, it is easy to make mistakes during the filing process. And unfortunately, even simple mistakes can have serious consequences for the strength of your claim. Seeking legal representation immediately after losing your loved one helps you avoid these potentially costly mistakes and errors.
Are you putting off contacting a wrongful death lawyer in Georgia out of concerns about the expense? Don’t let this stop you from asserting your rights. Most personal injury lawyers offer free, no-obligation consultations, which makes it easy and affordable to get your questions answered. Plus, the potential cost of mistakes far outweighs the cost of securing legal representation. But perhaps most importantly, these attorneys work on a contingency basis, which means you only pay them if they win your wrongful death case. That way, there’s no risk in asserting your rights.
The sooner you contact a lawyer, the more they can do on your behalf. Don’t hesitate to get started.
What Happens If You Don’t File in Time?
If you do not file a wrongful death action within the statute of limitations, you lose the right to secure a wrongful death recovery. In addition, you may jeopardize your chances of holding the at-fault party accountable for their actions at all. It is crucial to seek assistance right away to ensure you have the best chance of seeking full compensation for your loss.
Contact a Georgia Wrongful Death Lawyer
When it comes to pursuing a wrongful death claim, it is important to remember that the key to success lies not only in proving the other party’s fault for your loved one’s death but also in taking timely action. Don’t put off getting started on your claim, as doing so could prevent you from getting the justice and compensation you deserve. Instead, turn to our firm for help immediately.
The compassionate legal team at Sherrod & Bernard, P.C. understands the challenges that families endure after losing a loved one at someone else’s hands. This drives our commitment to helping bereaved families seek the maximum possible compensation for their wrongful death claims. Our wrongful death lawyers have more than three decades of experience and are ready to put our knowledge, skills, and resources to work for you. Contact our law firm now for a free consultation so we can help you find closure during this difficult time.
