Dealing with the loss of a loved one is an incredibly difficult experience, made even more challenging when their death is due to someone else’s negligence or wrongdoing. In Georgia, families who find themselves in this tragic situation have the right to seek justice through a wrongful death lawsuit. At Ashenden & Associates, we understand the importance of timely legal action in these cases. One of the most critical aspects to be aware of is the statute of limitations for filing a wrongful death claim in Georgia. Understanding these legal timeframes can significantly impact the outcome of your case and your family’s pursuit of justice.
Wrongful Death Lawsuit Statute of Limitations in Georgia
In Georgia, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This two-year period is crucial, as it dictates the timeframe within which legal action must be initiated. If a lawsuit is not filed within this window, the right to pursue compensation for the wrongful death is typically forfeited. It is essential to act promptly and seek legal counsel to ensure that your case is filed within the prescribed time limit. At Ashenden & Associates, we are committed to helping families navigate this process and secure the justice they deserve.
Georgia Wrongful Death Statute of Limitations Exclusions
While the general rule for the statute of limitations in Georgia is two years, there are certain exclusions and extensions that can apply. For instance, if the wrongful death resulted from a crime, the statute of limitations may be paused until the completion of the criminal case. Additionally, if the deceased person’s estate has not been probated, this can also affect the timing. Other specific circumstances, such as involvement of a government entity, can impose different notice requirements and shorter time limits. Understanding these exclusions is vital, and our experienced team at Ashenden & Associates is here to provide the guidance needed to navigate these complexities and ensure that your claim is filed appropriately.
Compensation in Wrongful Death Lawsuits
There are three general types of damages that may be available for the survivors involved in a wrongful death lawsuit. These are:
Economic Damages
These include the value of financial contributions the survivors would have received had the victims not died, medical and funeral expenses, loss of the victim’s earnings, loss of benefits and pension plans, loss of inheritance, estimated value of services and goods that the victim would have provided.
Punitive Damages
These are awarded as a means of punishing the party responsible for the wrongful death in circumstances of particular bad conduct, for example, in cases where the death of a victim is placed in a nursing home due to elder abuse.
If your loved one has been injured in a Sandy Springs or Atlanta nursing home, contact a Sandy Springs nursing home abuse lawyer for a free consultation.
Non-Economic Damages
These include damages awarded for the survivors’ suffering and mental anguish, loss of care, love, companionship, and protection from the victim, loss of consortium from a deceased spouse.
Every state throughout the U.S. has a set statute of limitations for wrongful death. In the state of Georgia, the statute of limitations for wrongful death is two years. In some special circumstances, this time period may be shortened to 6-12 months. This will happen if the claim is filed against a city, state or government municipality, such as if a motorist is killed due to a city’s failure to fix a hazardous stretch of road. In some circumstances, the statute of limitations may be extended, such as in cases where the death is initially ruled an accident, then the family later discovers it was a case of wrongful death. In this instance the statute of limitations would start over from the time of this discovery.
Our Sandy Springs wrongful death lawyers at Ashenden & Associates can explain your rights, help you understand the processes involved in a wrongful death claim, and enable you to prepare for a wrongful death lawsuit. Don’t let your statute of limitations run out, contact us right away so we start working on your case today.
