The death of a loved one under any given circumstance is traumatic, to say the least. When your loved one’s death is due to someone else’s negligent actions, this could be grounds for a wrongful death claim. But, who can file a wrongful death claim – and when?
Wrongful death laws vary from state to state. In Georgia, the law is pretty clear regarding who can (and cannot) file a wrongful death claim. This explains why you need to understand Georgia’s wrongful death laws if you are considering taking action against the liable party.
Filing a wrongful death claim in Georgia
Per Georgia laws, the following people can bring a wrongful death claim in The Peach State:
- The decedent’s surviving spouse or legal partner
- The decedent’s children
- The decedent’s parents, if they are not survived by a spouse or children
- The decedent’s surviving relatives if they have no spouse, children or parents
Georgia’s statute of limitations for wrongful death claims
Like any legal matter, you must file a wrongful death claim within a certain time period known as the statute of limitations. And in Georgia, you must file a wrongful death claim within two years from the date of your loved one’s death. However, if a criminal situation leads to a loved one’s wrongful death, then the statute of limitations on the wrongful death claim can be tolled for up to six years. The statute of limitations for wrongful death will only begin to run once the criminal matter is resolved. Similarly, if the deceased’s estate is in probate, the statute of limitations can be tolled for up to five years.
Death is inevitable. However, losing a loved one as a result of negligence can be extremely difficult to process. Find out how you can safeguard your rights while pursuing a wrongful death claim in Georgia.