Georgia Wrongful Death Statute of Limitations: The 2-Year Rule

The Georgia wrongful death statute of limitations starts at the date of death, not the accident. Here is exactly how this deadline works and why acting quickly matters.

Who can file a Georgia wrongful death claim

Georgia’s Wrongful Death Act gives the right to sue to: the surviving spouse first; if no spouse, the surviving children; if no spouse or children, the surviving parents. The estate can separately claim the decedent’s own losses between injury and death. Understanding who has the right to bring each claim type matters for maximizing total family recovery.

Georgia wrongful death damages: the full value of a life

Georgia law allows recovery of the ‘full value of the life’ of the deceased — economic value (lifetime earnings, benefits, household services) plus the intrinsic value of the life itself. Georgia courts have awarded tens of millions in wrongful death cases involving young victims with high earning potential and loving families.

The 2-year Georgia wrongful death deadline

The statute of limitations runs 2 years from the date of death — not the accident. If the victim survived hours, days, or weeks before dying, the clock starts at death. Missing this deadline permanently bars recovery regardless of how clear the liability. Contact an attorney immediately after a loved one’s death from accident-related injuries.

Georgia wrongful death settlement values

Wrongful death of a working adult: $500,000–$5M+. Wrongful death of a child: $1M–$15M+ depending on Georgia case law and circumstances. Wrongful death of an elderly victim: $200,000–$2M. Truck, malpractice, and nursing home wrongful death cases produce the highest verdicts.

Frequently Asked Questions

How long do I have to file a wrongful death claim in Georgia?

Georgia’s personal injury statute of limitations is generally 2 years from the date of injury. Medical malpractice and government claims have specific rules. Contact an attorney immediately to confirm your exact deadline.

Do I need an attorney for a Georgia wrongful death case?

Represented victims recover 3–4× more than unrepresented claimants even after attorney fees. The consultation is free and you pay nothing unless you win.

What damages can I recover in Georgia?

Medical expenses, lost wages, pain and suffering, future care costs, and loss of enjoyment of life. Punitive damages are available in cases of intentional or reckless conduct.

How does the contingency fee work in Georgia?

Attorneys collect 33% of your settlement or 40% if the case goes to trial — only if you win. No recovery means no attorney fee.