If a surviving family member fails to file a wrongful death claim promptly, they waive the right ever to receive compensation. Consequently, when it comes to Georgia estate claims and wrongful death claims, time is usually of the essence.
In most wrongful death legal actions, the surviving family members of the decedent have two years from the death date to bring a lawsuit in the courts. The lawsuit will typically name the person or entity that caused the accident that led to the decedent’s untimely death. This person or entity is known as the defendant in any lawsuit filed in the court system.
However, there are certain exceptions to this rule. In cases where a governmental entity, such as a city, county, federal government, or state, is a potential defendant in the case, surviving family members can only pursue a wrongful death legal action within six months to one year from the accident date. Also, in some cases, a person’s wrongful death action results from the defendant’s violation of an existing statute. In these types of cases, the civil two-year wrongful death statute of limitations usually tolls until the criminal prosecution wraps up.
Finally, in cases where the police charged the driver with a traffic crime or some other violation arising out of the accident, the statute of limitations applying to the civil wrongful death action tolls until either the traffic case reaches a resolution or for six years, whichever is the shortest. Following that time, the two-year wrongful death statute of limitations will start running.
Regardless of the statute of limitations, it’s best to start a claim as soon as possible after a fatal accident, as evidence critical to the success of your case can degrade or become lost. In addition, it’s best to give your attorney as much time as you can to build a strong case.
If someone you love sustained an injury or injuries in an accident that led to their untimely death, the experienced Lawrenceville wrongful death attorneys can assist you with promptly filing your claim or lawsuit against the responsible party. We can also help you pursue the greatest amount of monetary compensation that is available under the circumstances.
