What Is the Statute of Limitations for Wrongful Death in Georgia?
In Georgia, the statute of limitations for wrongful death is generally 2 years under O.C.G.A. § 9-3-33.
Wrongful death Deadlines in Georgia
How long do you have to file a wrongful death claim in Georgia?
In Georgia, the statute of limitations for wrongful death is generally 2 years under O.C.G.A. § 9-3-33.
When does the clock start for wrongful death in Georgia?
Two years, generally from the date of death.
Can the Georgia deadline for wrongful death be extended?
The period can be tolled while a related criminal prosecution is pending. Some secondary sources cite § 51-4-1 as the limitations provision — that section defines the cause of action, not the deadline.
Is the deadline different if the claim is against the government in Georgia?
Often, yes. Ante litem notice — 6 months for municipalities under O.C.G.A. §§ 36-33-5, 36-11-1, 50-21-26. Georgia sets three different ante litem deadlines depending on the defendant: six months for a municipality under § 36-33-5, twelve months for a county under § 36-11-1, and twelve months for the State under the Georgia Tort Claims Act, § 50-21-26. The six-mont…
How does Georgia compare to other states for wrongful death?
Georgia's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Georgia:
