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Last Modified on Jun 07, 2026
Losing a family member unexpectedly could form grounds for a wrongful death claim against whoever caused the fatal accident, but what is Georgia’s wrongful death statute of limitations?
If you intend to file a wrongful death claim, it is crucial to meet this filing deadline; otherwise, you will lose your chance to hold the defendant accountable for the fatal effects of their actions.
What Is Georgia’s Wrongful Death Statute of Limitations?
The statute of limitations is the time limit you have to file a specific type of claim. In Georgia, the statute of limitations for most personal injury claims is two years, and this includes most wrongful death claims. The statute of limitations begins on the date the death occurred, and if no claim is filed with the court before it passes, then the parties eligible to file the claim will lose their chance to do so, regardless of their case’s merits.
For example, motor vehicle accidents are a leading cause of accidental deaths in Georgia each year, and the Georgia Governor’s Office of Highway Safety reported that in 2023, there were 1,615 deaths from vehicle accidents statewide. If you recently lost a family member in a fatal vehicle crash in Georgia, then you would need to file your wrongful death claim within two years of the date the accident occurred.
In some cases, the statute of limitations varies based on the nature of the claim, who is filing it, or other factors, such as the discoverability of the cause of death. For example, medical malpractice claims are not only subject to the two-year statute of limitations, but also a five-year statute of repose. This means no claim can be brought after five years following the date of the injury, even if the injury was not immediately discoverable.
Why You Should Hire a Wrongful Death Lawyer
The statute of limitations may seem like more than enough time in which to file a wrongful death case in Georgia, but the reality is that it may take longer than you expect to compile what you need to file your case. You should hire a wrongful death lawyer at your first opportunity so they can investigate your family member’s fatal accident, uncover the full scope of damages you could potentially recover, and help you file your claim on time.
Success with your wrongful death claim requires proving exactly how your family member died. You must prove that the defendant’s actions directly caused their death, and your Georgia wrongful death attorney will know how to gather the evidence you need to firmly establish liability. They will also be able to determine what damages you and your family can claim from the defendant, and you’re more likely to reach a favorable outcome with their assistance.
Ultimately, wrongful death claims are inherently challenging in several ways, and meeting the statute of limitations is just one of the obstacles you must overcome to succeed with your case. The team at Trammell Injury Law, LLC can provide compassionate and results-driven legal counsel for your wrongful death case, and we will make sure your claim meets the statute of limitations. Contact us today to schedule a free consultation with a Georgia wrongful death attorney.
