Losing a loved one is one of the most painful experiences anyone can endure—especially when the loss results from someone else’s negligence. In Georgia, families have the legal right to seek justice through a wrongful death claim, which allows them to hold the at-fault party accountable.
However, even the most legitimate claim can be dismissed if it’s not filed on time. That’s why understanding the wrongful death statute of limitations in Georgia is crucial. This legal deadline determines how long surviving family members have to take action.
At Holston & Huntley Personal Injury, we help grieving families navigate these sensitive cases with compassion and experience.
What Is a Wrongful Death Claim in Georgia?
A wrongful death claim is a civil lawsuit filed when a person’s death results from another party’s negligent, reckless, or intentional actions. Common causes include:
- Car, truck, or motorcycle accidents
- Pedestrian and bicycle collisions
- Drunk or distracted driving
- Medical malpractice
- Workplace accidents
- Defective products
Essentially, if the victim could have filed a personal injury claim had they survived, their family may pursue a wrongful death action instead.
You can learn more about our broader personal injury services here.
Understanding the Statute of Limitations in Wrongful Death Cases
In Georgia, the statute of limitations sets a strict time limit for filing a lawsuit. For most wrongful death cases, the deadline is two years from the date of the person’s death.
This means that the surviving family members or the estate’s representative must file their claim within this period. If the lawsuit isn’t filed before the deadline, the court will almost always dismiss it—no matter how strong the evidence is.
Why the Statute of Limitations Matters
The purpose of this time limit is to ensure cases are resolved while evidence is still available and memories are fresh. But it also means families must act quickly, even while coping with their loss.
Failing to meet the deadline could permanently bar your family from recovering compensation for funeral expenses, lost wages, medical costs, and emotional suffering.
Exceptions to the Two-Year Rule
While the standard deadline is two years, there are some situations where the statute of limitations may be paused or extended, including:
- Criminal Proceedings:
If a criminal case (such as a DUI or homicide investigation) is ongoing, the civil statute of limitations may be paused until the criminal case concludes, up to six years. - Estate Delays:
If the deceased’s estate has not yet been established, the two-year clock may be paused for up to five years. - Discovery Rule (Rare Cases):
If the cause of death wasn’t immediately known—such as in cases involving toxic exposure or medical negligence—the time limit might start from the date the cause was discovered.
These exceptions can be complex. That’s why it’s important to speak with an experienced wrongful death lawyer as soon as possible to understand how Georgia’s statute of limitations applies to your specific case.
Who Is Eligible to File a Wrongful Death Lawsuit in Georgia?
Not everyone is legally eligible to bring a wrongful death case. Under Georgia law, the following parties have the right to file, in this order of priority:
- The spouse of the deceased
- The children of the deceased (if no spouse)
- The parents of the deceased (if no spouse or children)
- The executor or administrator of the estate
Any compensation recovered is meant to represent the “full value of the life” of the deceased, which includes both economic (financial) and non-economic (emotional) losses.
Damages Available in a Wrongful Death Case
Families who file a wrongful death lawsuit in Georgia may be entitled to recover:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Loss of income and benefits the deceased would have earned
- Loss of companionship, care, and guidance
- Emotional distress for surviving family members
At Holston & Huntley, our attorneys understand that no amount of money can replace your loved one—but financial recovery can provide stability and accountability during a difficult time.
How a Wrongful Death Lawyer Can Help
The legal process following a wrongful death is complicated and emotionally overwhelming. A knowledgeable attorney can manage every detail of your case, allowing you to focus on healing.
Your Car & Truck Wreck and personal injury legal team at Holston & Huntley will:
- Investigate the cause of the accident
- Collect evidence such as police reports, medical records, and witness statements
- Work with experts to determine liability and damages
- Negotiate with insurance companies for a fair settlement
- Represent your family in court if necessary
With decades of combined experience, we’ve helped countless Georgia families seek justice for their loved ones and hold negligent parties accountable.
Why Acting Quickly Is So Important
The sooner you speak with a wrongful death attorney, the better your chances of protecting evidence, preserving witness testimony, and filing before the statute of limitations expires.
Delaying your claim could prevent your family from receiving the justice and compensation you deserve.
At Holston & Huntley, we understand that time is a sensitive factor in these cases—and we’re here to guide you every step of the way.
Talk With a Georgia Wrongful Death Lawyer Today
If you’ve lost a loved one due to negligence, don’t wait to take action. Understanding how the wrongful death statute of limitations in Georgia applies to your case is the first step toward justice.
Our compassionate legal team at Holston & Huntley Personal Injury is ready to stand by your side, offering both legal strength and emotional support.
Talk with us today for a free, confidential consultation.
We’ll review your case, explain your legal options, and help your family move forward with confidence.
