How long do families have to file a wrongful death claim?

On Behalf of Newbern Law Firm | Oct 10, 2025 | Wrongful Death |

Losing someone you love is always painful, especially when the loss happens because of someone else’s actions. In Georgia, families have the right to pursue a wrongful death claim, but that right comes with a time limit. Understanding how long you have to act is essential to protect your claim.

The statute of limitations for wrongful death claims
In Georgia, the law typically gives families two years from the date of death to file a wrongful death lawsuit. This deadline, known as the statute of limitations, is strict. If you miss it, the court may dismiss your case, no matter how strong your evidence is. The two-year period encourages families to act while the evidence is fresh and witnesses can still recall details clearly.

Exceptions that can change the deadline
Some situations can pause or extend the two-year time limit. For example, if there is a criminal case related to the death, the clock may stop running until that case ends. This pause ensures the civil case does not interfere with criminal proceedings. Another exception applies when the deceased person’s estate has not been probated. In such cases, the statute may be paused for up to five years while the estate is being managed.

Why timing matters in wrongful death cases
Filing on time does more than meet legal requirements. It helps preserve important evidence, such as medical records, accident reports, and witness statements. As time passes, these details can be lost or harder to prove. Acting within the deadline also gives your family a better chance of obtaining fair compensation for the loss.

Taking the next step
Knowing the time limit for a wrongful death claim helps you make informed decisions during a difficult time. Acting promptly ensures your family’s rights stay protected and that you do not lose the opportunity to seek justice for your loved one.