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Law Offices of Shane Smith

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Wrongful Death Claim Filing Time Limits

Based on O.C.G.A.  9-3-33 individuals who are able to file a wrongful death personal injury claim as long as its 2 years within the date of the death of the individual.

Why is this important?

This is important to know because if a wrongful death is eligible to have a lawsuit filed on behalf of the deceased individual, but the appropriate family member does not speak with a Snellville wrongful death lawyer and does file a lawsuit, if eligible, the right to obtain justice on behalf of their loved one may be lost forever.

Are there any exceptions?

Yes. If the cause of death of a loved one is not discovered for an extended period of time, the statute of limitations may be extended. If a loved one dies in a hospital and it was first thought to be of natural causes, but later it was discovered staff at the hospital breached their duty of care and that negligence led to your loved one’s death, the statute of limitation may be “tolled” or extended starting with the news of the new cause of death.      

This is just one example of the statute of limitations having an exception. The only way to determine what all of the exceptions are and how they may apply to your situation is through a consultation with a Gwinnett County wrongful death attorney. After you talk with a Snellville wrongful death attorney to determine if a wrongful death claim exists, the next step would be to see what your legal rights are under Georgia State law. Call our law firm today at (770) 487-8999 to schedule your free legal consultation with a Georgia wrongful death attorney today. 


Shane Smith
Advocate for the Seriously Injured in Georgia