Losing a Loved One? Understand the Filing Clock Before It Runs Out

How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?

How long do you have to file a wrongful death lawsuit in Georgia? For most injury claims, Georgia gives two years. That two-year rule is the starting point, but other dates can matter too. This page explains them in plain terms.

The short answer: generally two years to file

Georgia generally gives two years to file a lawsuit for an injury to a person. The rule comes from O.C.G.A. § 9-3-33, which says that, except as otherwise provided in this article, these actions “shall be brought within two years after the right of action accrues”; injuries to reputation must be brought within one year, and loss-of-consortium actions within four years. The two years is a court deadline. It is the window to file the case, not a window to finish insurance talks or gather every record.

A death claim is brought by the people the law names. A surviving spouse may sue. If there is no spouse, the children may sue, under O.C.G.A. § 51-4-2. When no one has that right, the administrator or executor may sue for the next of kin under O.C.G.A. § 51-4-5.

Fatal crashes are not rare. The IIHS fatality statistics report 1,403 motor-vehicle crash deaths in Georgia in 2024. Our truck accident lawyer Georgia pillar page covers commercial truck cases in more detail.

When the clock starts: the date the right accrues

The count starts when the right of action accrues. That is a legal term for the point when a claim legally begins. It is not always the day of the crash.

Consider a crash on a Gwinnett County road in March. The injured person stays in the hospital for weeks and then dies. The family may ask whether the count started on the crash day, the day of death, or somewhere in between. Those questions turn on the facts of the case, so the answer should not be guessed.

Confirm the exact date of death on the death certificate. Write down the crash date and the hospital admission and discharge dates. Keep these in one place so a lawyer can review them quickly.

Situations that can change how the deadline is counted

Some rules can pause the count. Under O.C.G.A. § 9-3-99, the period for a tort claim by the victim of an alleged crime is tolled, or paused, from the crime until the prosecution ends. That pause cannot exceed six years. This can matter when a crash leads to criminal charges against the driver.

Whether any of these rules fits a family’s situation depends on the facts. Do not assume the standard two years applies unchanged. Ask for the dates to be reviewed case by case.

Claims against cities, counties, or the state have shorter notice deadlines

When a claim is against a municipal corporation, it must be presented in writing to the municipality’s governing authority within six months of the event, under O.C.G.A. § 36-33-5. For a city, O.C.G.A. § 36-33-5 requires a written claim to the governing authority within six months of the event. The claim must state the specific amount of monetary damages sought. No court action can be entertained until the claim has first been presented for adjustment. O.C.G.A. § 36-33-5 reads: “(c) Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.”

For a county, O.C.G.A. § 36-11-1 requires claims within 12 months after they accrue or become payable, or they are barred; minors or other persons under disabilities are allowed 12 months after the removal of the disability to present their claims. For the state, O.C.G.A. § 50-21-26 requires written notice within 12 months of when the loss was discovered or should have been discovered. That notice goes to the Department of Administrative Services, sent by certified mail or statutory overnight delivery with a return receipt or delivered personally with a receipt obtained, and a copy must also be delivered personally to or mailed by first-class mail to the state government entity whose acts are asserted as the basis of the claim.

Families often confuse them. Raise any possible government involvement early, such as a city vehicle, a county road defect, or a state-run facility.

Insurance claims and negotiations do not stop the filing clock

Talking with an insurance company is not the same as filing a lawsuit in court. The two-year rule in O.C.G.A. § 9-3-33 governs the court filing for injuries to the person, except as otherwise provided in this article; injuries to reputation (one year) and actions involving loss of consortium (four years) have shorter or longer periods. Families should not assume ongoing insurer talks give them more time.

The pause in § 36-33-5(d) applies while a demand is pending before city authorities without action on their part.

Truck accident claims often involve several companies, reports, and records. A commercial crash can involve a driver, a carrier, and other parties, each with its own paperwork. That can make the timeline feel longer than it is. The FMCSA large truck and bus crash facts publish nationwide statistics on fatal, injury, and property-damage-only crashes involving large trucks and buses.

What to do now, and how to start a free first consultation

Start by gathering the basics. Collect the death certificate, the crash report number, photos, medical and funeral records, and any letters or messages from insurers. Funeral and medical costs matter too. Under O.C.G.A. § 51-4-5, when death results from a crime or from criminal or other negligence, the personal representative may recover funeral, medical, and other necessary expenses.

Does an insurance claim stop the two-year clock?

Losing someone in a crash and trying to read the deadlines at the same time is a heavy load. If you’re ready to talk, our team can review your dates with you. Reach out through our contact page to start a free first consultation, which is confidential and carries no obligation to continue.

This page is general information, not legal advice. Peter F. Jaraysi is the responsible lawyer for this page. Our lawyers, including Peter F. Jaraysi and Brian D. Wright, practice from Slam Dunk Attorney in Duluth, Georgia.