In Georgia wrongful death and estate actions, time may be of the essence. In the majority of wrongful death cases that arise in Duluth, the decedent’s surviving family members have a period of two years from the date of death to file a wrongful death lawsuit on behalf of the decedent against the at-fault person or entity. In some instances, depending upon the circumstances, this statute of limitations time period may be shorter or longer than two years from the date of death.
For example, the county, city, state, or federal government may be fully or partially to blame for the death of a deceased loved one. Under those circumstances, a surviving family member may only have between six months and one year from the date of the accident in which to file a wrongful death claim on behalf of their loved one. The actual deadline that applies will depend upon the branch of government that caused or contributed to the person’s death.
In some cases, accidental deaths in Georgia take place because a person or entity violated a Georgia statute. For example, the at-fault person may have broken a Georgia traffic law or rule of the road, or the at-fault person may have committed a violent crime that resulted in the decedent’s death. When that happens, the ordinary Georgia two-year wrongful death statute of limitations may be put on hold until the criminal prosecution against the at-fault person or entity comes to a resolution.
In fatal motor vehicle accident cases where the at-fault driver violated one or more rules of the road and received a traffic violation or criminal charges, the wrongful death statute of limitations may be paused from the traffic violation or accident date until a final disposition is reached in the traffic case, or for a period of six years—whichever period of time is shorter. After that length of time, the two-year statute of limitations period will then begin to run.
If your loved one passed away in an accident that was caused by someone else, it is vital to seek out the services of an experienced Duluth wrongful death attorney as soon as possible. The legal team at Brauns Law Accident Injury Lawyers, PC will make sure to promptly file your claim for wrongful death and satisfy the Georgia wrongful death statute of limitations.
