Generally, the limitation period for filing a personal injury lawsuit in Georgia is two years from the date of death. If there is a criminal charge, including a traffic ticket, arising from the incident, the limitation period is tolled (extended) as to all defendants – not just the one who is accused of a crime -- until two years after the criminal charge is resolved. O.C.G.A. § 9-3-99; Harrison v. McAfee, 338 Ga.App. 393, 788 S.E.2d 872 (2016).
If the survivor who has the right to sue for wrongful death is under age 18 when the cause of action accrues, the limitation period is extended until 2 years after turning 18, which is the 20th birthday. O.C.G.A. § 9-3-90(b).
Unrepresented estates of parties: Where either a plaintiff or a defendant has died and his or her estate is unrepresented (that is, no administrator or executor has been appointed), the statute of limitation is tolled for up to five years, after which it will begin to run (O.C.G.A. §§ 9-3-92, 9-3-93).
Fraud: Under certain circumstances, fraud on the part of the liable party, where the fraud prevents or deters the claimant from bringing an action, may serve to toll the statute of limitation (O.C.G.A. § 9-3-96).
Defendant leaves Georgia: O.C.G.A. § 9-3-94 provides, “Unless otherwise provided by law, if a defendant removes from this state, the time of his absence from the state until he returns to reside shall not be counted or estimated in his favor.”
There are other time limits that may come into play in some wrongful death cases:
Claims against state government: In claims against state government, a notice of claim must be sent within 12 months of the date the loss was discovered or should have been discovered. O.C.G.A. § 50-21-26. That notice must be in writing, sent by certified mail or statutory overnight delivery return receipt requested, to the Risk Management Division of the Department of Administrative Services, with a copy to the head of the agency involved.
Claims against counties: Notice of claim must be given to the county governing authority within 12 months. Otherwise the normal limitation period and tolling rules apply except that “minors or other persons laboring under disabilities shall be allowed 12 months after the removal of the disability to present their claims.” O.C.G.A. § 36-11-1
Claims against municipalities: In claims against a municipality, a notice of claim must be sent within six months of the incident. The statute of limitation is tolled for claims against a municipality between the time a valid ante litem notice and demand is served and the city's taking action (O.C.G.A. § 36-33-5). This does not apply to claims against counties or the state government.
In Georgia, when a person dies due to another party’s negligence or a defective manufactured product, there is always someone who can file a wrongful death lawsuit for the full value of the life. The priorities of rights to file that sit are:
In all cases, the measure of damages for wrongful death is the “full value of the life” of the decedent, including both economic and non-economic aspects. The touchstone is that the value of life is assessed from the standpoint of what the decedent lost by not being able to life out his or her life.
In addition, the administrator or executor of the decedent may sue to funeral expense, medical expense, loss of income between injury and death, and pain and suffering prior to death. Professional judgment is required for the tactical decision whether or not to include that claim in a lawsuit.
There are many factors affecting the amount of wrongful death recovery in Georgia. While the measure of damages for wrongful death is the “full value of the life” of the decedent, the amount of settlement seldom truly reflects that ideal. Lawyers often have to counsel clients that the settlement value of a case reflects those factors more than it does the inestimable value of the life of their loved one.
Some of the factors include:
Wrongful death cases we have handled. Here is a sample of wrongful death cases we have handled in recent years.