What You Need to Know About Wrongful Death Statute of Limitations in Georgia

Dealing with the aftermath of a wrongful death can be complicated and stressful. Here’s everything you need to know about Georgia’s statute of limitations for wrongful death.

The deadline to file a wrongful death claim is two years in Georgia. There are two types of wrongful death claims in Georgia: a typical “wrongful death claim” and an “estate claim.” A living spouse or children typically file wrongful death claims and estate claims.

Statute of Limitations for Wrongful Death in Georgia

In Georgia, the statute of limitations for filing a wrongful death claim is two years from the date of the death. The circumstances of the death can make the deadline shorter or longer in some cases. For example, if some branch of government is responsible for the death, the deadline can become as short as six months to a year.

Related: Georgia Statute of Limitations for a Car Accident Lawsuit

How to Bring a Wrongful Death Claim to Court

Surviving families of the deceased can file a wrongful death claim or an estate claim with the court. A wrongful death claim is for the “full value of the decedent’s life.” A jury has the task of considering what the life of the deceased meant from the eyes of the person that died.

The full value of life has two parts. The first is the “intangible” value of life. The “intangible” part of life are things like spending time with family, volunteering and raising children. The second part of the “full value of life” is the economic part of a person’s life. This includes the money the deceased would have earned as well as the value of the things they did.

A family can file a second type of claim called an “estate claim.” An estate claim allows the family of the deceased to recover damages for the pain and suffering of the deceased. The family of the deceased can also recoup medical bills and funeral expenses.

Related: How to File a Car Accident Claim With Allstate

Who Can File a Wrongful Death Case

The wrongful death statute outlines firm rules regarding who can bring a claim. If the deceased person has a living spouse, they have the sole authority to bring the claim. If the deceased person has children, the spouse must act as the children’s representative. The children would share the claim if the deceased person was divorced or did not have a living spouse.

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If you or a loved one would like to learn more about Wrongful Death Statute of Limitations Georgia, get your free consultation with one of our Personal Injury Attorneys in Georgia today!