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Georgia Wrongful Death Statute of Limitations

According to statistics from the Centers for Disease Control and Prevention (CDC), there were 126,438 unintentional injury deaths in 2010; this was the fifth highest cause of death in the United States. By comparison, there were 33,783 auto accident deaths.  

Georgia wrongful death attorney Shane Smith can help a victim's family receive compensation for their loss.

Georgia's statute of limitations for filing a wrongful death claim is two years from the date of the deceased's death. Official Code of Georgia Annotated Sec. 9-3-33.

Georgia case law has established that the statute of limitations is tolled (paused or delayed) during the period when any criminal charges are pending against the wrongful death defendant in a motor vehicle accident. This means the statute of limitations for filing a wrongful death claim against a defendant in a motor vehicle wrongful death case would not begin until the conclusion a concurrent criminal case.

If a death is caused by the negligence of another then the decedent's family may be entitled to legal relief through a wrongful death lawsuit. You should hire an experienced Clayton County wrongful death attorney if you will file a lawsuit on behalf of a family member who died due to another's negligence. Call the Law Offices of Shane Smith for a free consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia