GA statue of limitations for wrongful death casesIf you lost a loved one in a motor vehicle crash, slip and fall, or other personal injury accident caused by someone else's negligence, you may have grounds for a Georgia wrongful death claim. This type of civil litigation allows eligible family members to seek compensation for financial and emotional losses related to their loved one's untimely death.

Taking legal action may be the last thing on your mind while mourning an unexpected loss in your family.

However, if your loved one's death was caused by a person or business entity's negligent, reckless, intentional, or criminal acts, it's important to speak with an attorney as soon as possible.

Why? State statute of limitation laws limit how long you have to file a claim for damages. In Georgia, you have just two years from the date of your loved one's untimely passing to file a wrongful death lawsuit. Failing to file before the statute of limitations expires has devastating consequences in most circumstances—your case can be dismissed and you'll have lost the ability to pursue compensation. 

There are some exceptions to the two-year filing deadline. For example, if your loved one's death is also the subject of a criminal case, the two-year countdown pauses—or “tolls”—until that case is resolved. Additionally, the statute of limitations can be tolled for up to five years if the decedent's estate isn't probated. An attorney can help you determine the right time to file your claim.

Consult a Knowledgeable Georgia Attorney About Your Wrongful Death Case

If your loved one was killed in a personal injury accident, you may be entitled to compensation for losses incurred as a result of their death. Have questions about a wrongful death case? Contact Rechtman & Spevak today to schedule an appointment for a free, initial consultation. The sooner you contact us, the faster we can get to work investigating your case and advocating for your best interests.


Jaret A. Spevak
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Atlanta Personal Injury & Workers’ Compensation Attorney With 20+ Years Experience