What is the statute of limitations for a wrongful death claim? Under Georgia law, victim families have two years from the date of their family member’s death to file a lawsuit for wrongful death, or they may lose their right to do so.
If you have lost a loved one under negligent circumstances, let our compassionate Duluth wrongful death lawyer help you prepare and file your claim before the deadline.
What a Statute of Limitations Means in Your Case
The victim of wrongful death, had they survived, may have had the legal right to pursue financial compensation for their losses if another person caused them. The estate representative or close family member may take this action themselves as long as they do so within the Georgia wrongful death statute of limitations. This timeline is limited under Georgia law.
A lawsuit against the at-fault party must occur within two years for multiple reasons, including to ensure evidence remains available and witnesses may be present. If you do not file a claim within this two-year timeframe, the court will not likely hear your case. That means that even if you can prove someone else caused your family member’s death, you cannot pursue legal action in a court of law.
Note that this is not the same as a timeline for filing a claim with the insurance company of the at-fault party. That timeframe may be much less. If you believe your family member died as a result of wrongful death, seek legal guidance from a Duluth personal injury lawyer immediately for help before this timeline runs out.
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Know the Limitations on Insurance Claims
In many situations, families will not immediately think about taking action for a wrongful death claim in Georgia, as they are suffering from the loss of their loved one. Yet, there are some factors to consider in this process, including timeframes to reach to ensure the insurance company of the at-fault party is alerted to what is occurring. Consider the following guidelines in terms of insurance claims processes:
- Alerting the Insurance Company: It is beneficial to alert the insurance company of the at-fault party as soon as possible. This does not mean filing a claim directly but alerting them of the incident and the likely right you have to file a claim.
- Work with an Attorney: Work with your attorney to create a robust claim, one that is comprehensive and accurate, to provide your family member with the justice they deserve. Have your wrongful death attorney submit the claim.
- Acknowledgment of the claim: The insurance company has 15 days to show receipt of your claim.
- Accept or deny the claim: Once the insurance company receives the forms, they have 15 days to act, which allows them time to refuse or counter the settlement or accept it.
- Extensions: It is very common for insurance companies to want more time, and they may request an extension for additional research. The maximum timeline for extensions is 60 days.
- Pay the claim: Once the insurance company agrees to a settlement amount, they have 10 days to pay it.
In this situation, the family must take the first step, though it is not uncommon for the insurance company to offer a settlement upfront. Before accepting any settlement or even submitting a claim for one, speak to your wrongful death attorney. This ensures you gain the information necessary to file a claim that is comprehensive enough for your rights under the law.
Claims Going to Court
In situations where the insurance company will not accept your claim and they deny it, it may be necessary for you to go to court. As noted, you have two years from the date of the accident to file a claim in a court of law. If they do not provide you with a settlement that you feel is fair under the law, you can take this step.
Going to trial is not uncommon in a wrongful death case, but it often adds to the time it takes to reach a settlement. The other party will have time to review evidence as well as to ask questions. This can be enough to spur the insurance company into settling the claim if they determine that you have evidence to validate your claim.
If your case goes to court, the judge and jury will hear evidence to determine if you should receive a claim and its value based on factors like evidence and impact. By working with a Duluth car accident lawyer, you can minimize the risk of going to court unprepared, which can put your case at risk even more. Your attorney will help you ensure your rights remain protected.
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Rules Outside of the Statute of Limitations
There are some situations in which the statute of limitations for wrongful death is extended, especially if you do not find out that wrongful death took place within that initial two-year period under Ga. Code § 51-4-2. In situations where there is a pending criminal case, the statute of limitations in the wrongful death claim can be paused or extended for up to six years to allow time for the criminal case to be resolved. You should still work with your attorney leading up to this point.
Another time when this limitation could be extended occurs when the person who died lacked a will. This may require the court to determine who has the right to seek wrongful death claims in the case, and in some cases, an extension may apply. The maximum time it can be extended is 5 years.
Also note that in situations where the survivor of the victim is under the age of 18, the wrongful death statute of limitations will extend to two years after they turn 18. This gives the minor child time to react. The claim must be filed by the survivor’s 20th birthday.
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Seek Legal Guidance to Navigate Your Rights
At Slam Dunk Attorney, our attorneys work tirelessly to protect your rights under the law. If you believe your loved one was hurt due to wrongful death, contact us. We will provide you with a free consultation to learn more about the statute of limitations for a wrongful death claim.
Call or text 404-951-3513 or complete a Free Case Evaluation form
