[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/how-long-do-you-have-to-file-a-wrongful-death-claim-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/how-long-do-you-have-to-file-a-wrongful-death-claim-in-georgia\/","headline":"How Long Do You Have to File a Wrongful Death Claim in Georgia?","name":"How Long Do You Have to File a Wrongful Death Claim in Georgia?","description":"In Georgia, the deadline to initiate a wrongful death lawsuit is typically two years from the day\u00a0of the deceased\u2019s passing.\u00a0If you attempt to file your claim after the two-year deadline\u00a0has passed, the court will likely dismiss it, regardless of how strong your case is.\u00a0It is\u00a0important\u00a0to recognize that certain...","datePublished":"2024-05-23","dateModified":"2025-09-02","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/05\/crying-spouse.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/05\/crying-spouse.jpg","height":666,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/how-long-do-you-have-to-file-a-wrongful-death-claim-in-georgia\/","about":["Wrongful Death"],"wordCount":977,"articleBody":"In Georgia, the deadline to initiate a wrongful death lawsuit is typically two years from the day\u00a0of the deceased\u2019s passing.\u00a0If you attempt to file your claim after the two-year deadline\u00a0has passed, the court will likely dismiss it, regardless of how strong your case is.\u00a0It is\u00a0important\u00a0to 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\u2019s death.\u00a0However, several exceptions can affect the two-year statute of limitations for filing a wrongful death claim, including the following:Crimes \u2013 If the claim for wrongful death involves a criminal act, the timeframe to file suit may not begin until\u00a0after\u00a0the courts resolve the criminal case. However, in most cases, survivors are still subject to a six-year deadline.Sovereign immunity \u2013 If a government entity is a defendant in the case, survivors must file a notice with the relevant government within a\u00a0certain\u00a0timeline. The deadline may be anywhere from six months for cities to a year for counties and the state.No will \u2013 If the victim died without a will, the statute of limitations on a subsequent wrongful death claim may\u00a0be paused\u00a0for up to five years.Minors \u2013 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\u2019s Wrongful Death Act, the decedent\u2019s estate may also file a separate action to recover various losses.\u00a0Estate claims are typically filed\u00a0by the estate\u00a0to recover compensation for the fatal event itself, including funeral expenses, burial costs, medical bills, and the pain and suffering the victim experienced.\u00a0Georgia\u2019s two-year statute of limitations on personal injury claims applies to these claims.\u00a0How 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 isHow clear the evidence of the at-fault party\u2019s liability isThe willingness of the parties to negotiateSome wrongful death cases can\u00a0settle\u00a0in a matter of months. However, more complex claims may take several years. Cases\u00a0that have to go to trial take much longer\u00a0to 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\u00a0\u2013\u00a0Contacting a dedicated attorney early on will\u00a0give you\u00a0the best chance of preserving critical evidence for your case.\u00a0It ensures witnesses are still reachable and\u00a0provides\u00a0the best chance of physical evidence still being accessible.Handling insurance companies\u00a0\u2013\u00a0Insurance companies act\u00a0with\u00a0their own best interest\u00a0in mind. If you\u00a0talk to\u00a0the 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\u00a0\u2013\u00a0Given\u00a0how\u00a0complex wrongful death claims are, it is easy to make mistakes during the filing process.\u00a0And unfortunately, even simple mistakes can have serious consequences\u00a0for\u00a0the strength of your claim. Seeking legal representation immediately after losing your loved one helps you avoid these potentially costly mistakes\u00a0and errors.Are you putting off contacting a wrongful death lawyer in Georgia out of concerns about the expense? Don\u2019t 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\u2019s no risk in asserting your rights.The sooner you contact a lawyer, the more they can do on your behalf. Don\u2019t hesitate to get started.What Happens If You Don\u2019t 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\u00a0right away\u00a0to ensure you have the best chance of seeking\u00a0full\u00a0compensation for your loss.Contact a Georgia Wrongful Death LawyerWhen it comes to pursuing a wrongful death claim, it is\u00a0important\u00a0to remember that the key to success lies not only in proving the other party\u2019s fault for your loved one\u2019s\u00a0death\u00a0but also in taking timely action. Don\u2019t 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\u2019s hands.\u00a0This\u00a0drives 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.Visit Our Georgia Wrongful Death Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Long Do You Have to File a Wrongful Death Claim in Georgia?","item":"https:\/\/www.sherrodandbernard.com\/blog\/how-long-do-you-have-to-file-a-wrongful-death-claim-in-georgia\/#breadcrumbitem"}]}]