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Q
What is the timeframe, or statute of limitations, for bringing a wrongful death lawsuit against a drunk driver?

A

When a Georgia drunk driving victim is killed by the negligence, recklessness, and wrongful act of another person, the person who caused the death is liable for the damages. This means parents or a family member can bring a wrongful death lawsuit against that liable party. However, the lawsuit must be filed within a certain time frame for it to be considered a valid claim. 

Oftentimes, family members who have lost a loved are so overwhelmed and in a state of shock that they don’t know what to do next. Although you should allow yourself time to grieve, you shouldn’t let too much time to pass without taking action, as the statute of limitations could expire. 

The statute of limitations for filing a wrongful death claim in Georgia is two years from the date of death. Unfortunately, if the family of a Georgia drunk driving victim waits too long, they may be prohibited from ever recovering compensation for their loved one’s death. The time limit may vary in some cases, so it is critical to seek guidance from an experienced Atlanta wrongful death attorney to find out what rules may apply to your situation.

Although you may not feel like contacting a lawyer immediately after the death of your loved one, that is the best time. This will ensure that your lawyer can seek to protect your rights, hold the negligent person responsible, and make sure you do not lose your rights to compensation. 

You can reach a caring and experienced Atlanta wrongful death attorney today by calling the Law Offices of Shane Smith at 770-HURT-999 or (866) 979-1629. We can offer you a free, no-obligation consultation to discuss your situation.

Shane Smith
Advocate for the Seriously Injured in Georgia