Understanding Wrongful Death in Georgia
Losing a loved one is very hard. It is one of the most sad times a family can go through. When this loss happens, the legal system is often the last thing on a person’s mind. It can feel big and confusing. When a person dies because someone else was not safe, the pain is even worse.
In Georgia, the law has a name for this. It is a “wrongful death claim.” The law O.C.G.A. § 51-4-1 says a wrongful death is when a person dies from the “negligent, reckless, or criminal” acts of another. This guide gives clear answers about the strict deadlines. This is special for families in Marietta and Cobb County.
What Is the Statute of Limitations for a Wrongful Death Claim in Georgia?
What does “statute of limitations” mean? It is a legal deadline. It is a timer for filing a lawsuit. This timer starts on the day the person passed away. It does not start on the day of the accident.
Why do these laws exist? These rules are in place for fairness. Over time, evidence is lost. Videos get erased. The memories of people fade. The law sets a limit so both sides can argue with good proof.
You must follow this deadline. It is a serious rule. If a family tries to file a lawsuit after two years, the court will almost always say no. The case will be dismissed. The family will lose their right to get compensation forever.
Table of Contents
Are There Exceptions to the Two-Year Deadline?
Yes. The two-year rule is strict. But Georgia law knows some things can get in the way. The law allows for exceptions. These exceptions can “toll” the deadline. “Tolling” is a legal word. It means to pause the timer. These exceptions are specific and can be hard to understand.
What if a Criminal Case is Pending?
Sometimes, the act that caused the death was a crime. Examples are a DUI crash or an assault. When this happens, the person who caused the death will face a criminal case. The law says the family should not have two legal cases at once.
So, the law pauses the wrongful death claim timer. This pause lasts until the criminal case is finished. This can be for up to six years. After the criminal case is final, the two-year timer for the civil claim starts.
What if the Claim is Against the City of Marietta or Cobb County?
This is a very important rule for local families. It is a legal trap. When the group responsible for the death is a government body, the rules change. The deadlines are much shorter.
You cannot just sue the government. You must first send a formal letter. This letter is called an “ante-litem notice.” This name means “before a lawsuit.” The government got a special notice. This gives them a chance to study the claim.
The deadlines for this notice are very short:
- For a City (like the City of Marietta): You must send this notice within 6 MONTHS of the death.
- For a County (like Cobb County) or the State of Georgia: You must send this notice within 12 MONTHS.
If you do not send this notice on time, your claim will be barred. This is true even if you are still inside the main two-year deadline. This is why families in Marietta need expert legal help right away.
What if a Minor Child Needs to File the Claim?
The law protects children. A child under 18 is a “minor.” A minor cannot file a lawsuit on their own.
What if the person who has the right to file is a minor? For example, if a mother dies, and her children are 10 and 12 years old. The two-year timer is paused. The law “tolls” the clock until the child’s 18th birthday. When the child turns 18, the two-year timer starts. This means the child has until their 20th birthday to file.
What if the Deceased Person’s Estate is Not Represented?
When a person passes away, all their things become their “estate.” The estate must go to probate court. The court appoints a person to be in charge. Sometimes, this process takes a long time. Maybe the person did not have a will.
The law knows this can cause delays. So, if the person’s estate does not have a legal administrator, the statute of limitations clock can be paused. This pause can last for up to five years. This helps make sure a claim is not lost due to court delays.
This part is also very important. Not everyone has the legal right to file the lawsuit. Georgia law sets an “order of priority.” Only the person in the highest group on the list can file.
- 1st Priority: The Surviving Spouse. The husband or wife has the first right. They act for themself and any minor children.
- 2nd Priority: The Surviving Children. If there is no surviving spouse, the right passes to the children.
- 3rd Priority: The Surviving Parent(s). If there is no spouse and no children, the right goes to the person’s mother and/or father.
- 4th Priority: The Personal Representative of the Estate. If no spouse, child, or parent is alive, the estate’s administrator can file.
This priority list can be painful for families. For example, adult children cannot file a claim if a surviving spouse exists. This is true even if they are not close. This is why getting legal advice from a firm like Connelly Law is so important. They can explain who has the legal right.
Who Is Allowed to File a Wrongful Death Lawsuit in Georgia?
What Compensation Can Be Claimed?
Georgia law allows for two different types of claims. They can be filed at the same time.
- The Wrongful Death Claim
This is the main claim. It is filed by the priority family member. It asks for the “full value of the life” of the person. This wrongful death claim has two parts:
- Tangible Value: The lost money the person would have earned.
- Intangible Value: The value of life itself. The loss of love, companionship, and joy.
- The Estate Claim
This second claim is filed by the estate’s administrator. It asks for the costs the estate had to pay. This includes:
- Medical bills from the hospital.
- Funeral and burial costs.
- Conscious Pain and Suffering: This is for the pain and fear the person felt between the injury and their death.
The dedicated legal team at Connelly Law can help families file both claims. This helps them get justice.
Why You Shouldn’t Wait to Speak with a Marietta Wrongful Death Attorney
The two-year deadline passes very fast. Evidence is lost. The 6-month ante-litem notice deadline can pass before a family knows what to do.
Waiting to act is a big risk. With over 13 years of experience, the legal team at Connelly Law helps lift this weight. An attorney can act right away.
They can:
- Start an investigation.
- Save important evidence.
- Figure out the correct deadline for your case.
- File the ante-litem notice if the government in Marietta or Cobb County is at fault.
The team at Connelly Law is here to give Marietta families clear answers. A compassionate personal injury lawyer can guide you. If your family is suffering, please contact the Connelly Law office for a free talk to understand your rights.