Wrongful death lawsuits allow family members or the estate of a deceased person to file suit against the person responsible for the death. In Georgia, the statute of limitations for a wrongful death lawsuit means that the case must be brought to court within two years of the death, with some exceptions.
The clock begins on the date of the death, but that time can be paused for a short time. The statute of limitations can be tolled, or paused, in situations such as the most common reason: when there is a criminal case underway that pertains to the same estate or deceased person. The total amount of time that a wrongful death lawsuit can be tolled is five years, although it may enter several tolled periods during that time.
This makes it is possible, under some circumstances, to bring a wrongful death lawsuit up to seven years after the death. However, after the statute of limitations is met, the plaintiff no longer has a right to bring up the case.
An Atlanta wrongful death attorney may be able to provide more information about filing this type of lawsuit.