Losing a loved one is devastating. If negligence caused their death, you have a limited time to pursue justice. Georgia law gives families just two years from the date of death to file a wrongful death lawsuit. Missing this deadline means losing your right to recover compensation forever. This guide explains the statute of limitations, important exceptions, and how Chris Hudson Law Group helps families in Augusta handle this critical timeline.
Why Choose Chris Hudson Law Group for Your Wrongful Death Claim
Chris Hudson Law Group has recovered millions for families who lost loved ones due to negligence. Christopher Hudson, the firm’s owner, spent years as an insurance defense attorney before switching to represent injured people and grieving families. This background gives him insider knowledge of how insurance companies evaluate and defend wrongful death claims. Hudson is recognized by Super Lawyers and maintains an Avvo profile reflecting his legal expertise. His Martindale-Hubbell profile further demonstrates his standing in the legal community.
Chris Hudson Law Group works on a contingency fee basis. You pay nothing up front. The firm only gets paid if you recover compensation. This approach removes financial barriers and aligns the firm’s interests with yours. Every family receives a free consultation to discuss their case and understand their options. View Chris Hudson Law Group‘s case results to learn more about settlements and verdicts. The firm’s testimonials from satisfied clients demonstrate their commitment to families.
Our Results
The firm has handled numerous wrongful death cases in Augusta and throughout Georgia. One landmark case involved the wrongful death of two individuals in a mobile home fire. Chris Hudson Law Group also secured a $1,250,000 settlement against the City of Augusta—the highest settlement ever reached against this government entity. In another case, the firm recovered the full $1,250,000 in policy limits for a family after a 23-year-old was killed in an automobile collision in Evans, Georgia, by stacking multiple insurance policies. A third case resulted in a $230,000 settlement for a family whose loved one died in an electrical fire caused by code violations, despite arguments that the claim exceeded the economic value of the decedent’s life.
Understanding Georgia’s Wrongful Death Statute of Limitations
The statute of limitations is a legal deadline. It sets the maximum time you have to file a lawsuit after an injury or loss occurs. For wrongful death claims in Georgia, this deadline is two years from the date your loved one passed away.
Georgia law O.C.G.A. § 9-3-33 establishes this two-year rule. Once this deadline passes, the court will dismiss your case. You lose the opportunity to recover damages, no matter how strong your claim might be. The law exists to ensure cases are filed while evidence is fresh and witnesses are available. However, it also creates urgency for grieving families who must act quickly. Understanding this timeline is critical—contact an Augusta wrongful death attorney immediately if you believe negligence caused your loved one’s death.
The Two-Year Deadline: What You Need to Know
When Does the Clock Start?
The statute of limitations clock starts on the date your loved one died. It does not start when you discover negligence caused the death. It does not start when you hire an attorney. The deadline is measured from the date of death alone. This is a critical distinction that many families misunderstand, which is why consulting with an experienced wrongful death lawyer in Augusta is essential.
For example, if your loved one died on January 15, 2023, your deadline to file a lawsuit is January 15, 2025. If you file on January 16, 2025, the court will dismiss your case as time-barred. This is why acting quickly matters. You should contact an attorney as soon as possible after a death caused by negligence. The sooner you reach out to Chris Hudson Law Group, the sooner we can begin protecting your rights.
What Happens If You Miss the Deadline?
Missing the statute of limitations deadline has serious consequences. The defendant can file a motion to dismiss based on the expired deadline. The court must grant this motion. Your case ends before a jury ever hears the evidence. You receive no compensation, regardless of how clear the negligence was.
This finality is why the statute of limitations exists. Courts need certainty. Defendants need to know they cannot face lawsuits indefinitely. But this rule is harsh for grieving families. This is why you should never delay contacting an attorney if you believe negligence caused your loved one’s death. If you’re facing a tight deadline, call Chris Hudson Law Group today for immediate assistance.
Important Exceptions to the Two-Year Rule
Georgia law recognizes that the standard two-year deadline does not fit every situation. Several exceptions can extend the deadline or pause it temporarily. Understanding these exceptions is crucial, and an Augusta wrongful death attorney can help determine if any apply to your case.
Criminal Investigation or Charges
If the defendant faces criminal charges related to your loved one’s death, the statute of limitations may be tolled (paused). This means the deadline stops running while the criminal case proceeds. In some circumstances, this can extend your deadline up to six years from the date of death.
This exception recognizes that criminal investigations take time. Evidence gathered in the criminal case can support your civil wrongful death claim. Waiting for the criminal process to conclude makes sense in these situations. However, the rules are complex. You should consult an attorney to determine if this exception applies to your case. Contact Chris Hudson Law Group to discuss your specific circumstances.
Estate Probate Delays
If your loved one did not have a verified will, the estate may not be formally established immediately. Georgia law provides some flexibility in these situations, but it is important to understand the limits.
The five-year extension under Georgia law applies only to claims brought by the estate itself (such as claims for the decedent’s pain and suffering, medical expenses, or funeral costs). If you are a surviving family member (spouse, child, or parent) filing a wrongful death claim, the standard two-year deadline from the date of death still applies to you. The probate exception does not extend your deadline.
This is why you should not rely on the probate exception. It is critical to file your wrongful death claim within the standard two-year period whenever possible. Probate delays are unpredictable, and waiting for the estate to be established could cause you to miss your deadline entirely. Contact Chris Hudson Law Group immediately to protect your rights.
Minor Beneficiaries
Special rules apply when minor children are beneficiaries of the wrongful death claim. The statute of limitations may be extended until the child reaches age 20. This protection ensures minors have time to pursue claims after reaching adulthood.
However, this extension only applies to the minor’s own claim. If you are an adult beneficiary, the standard two-year deadline still applies to you. The rules are technical. Chris Hudson Law Group can explain how they apply to your specific family situation.
Common Causes of Wrongful Death in Augusta
Wrongful death claims arise from many types of accidents and negligence. Common causes include car accidents, truck accidents, workplace accidents, medical malpractice, and premises liability incidents. Some deaths result from defective products or environmental hazards.
Chris Hudson Law Group handles wrongful death claims from all causes. The firm has experience with fatal car accidents, truck collisions, workplace injuries, fires, and other tragic events. Regardless of how your loved one died, if negligence was involved, Chris Hudson Law Group can help you pursue justice and compensation.
Who Can File a Wrongful Death Claim in Georgia
Not everyone can file a wrongful death lawsuit. Georgia law O.C.G.A. § 51-4-2 specifies who has the right to bring a claim. Generally, the following people can file:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- The estate representative (if no family members file)
The law establishes a priority order. Spouses and children have priority over parents. If multiple family members exist, they may file jointly or designate one representative to pursue the claim. The compensation is then distributed according to Georgia law.
Chris Hudson Law Group handles claims for all types of beneficiaries. Whether you are a spouse, child, parent, or estate representative, the firm can guide you through the process and protect your interests. Learn more about who can file a wrongful death lawsuit in Augusta.
What Damages Can You Recover
Wrongful death claims can result in three types of damages: economic, non-economic, and punitive. Understanding what compensation you may receive is important when evaluating your wrongful death claim.
- Economic damages compensate for financial losses. These include funeral and burial costs, medical expenses incurred before death, lost wages the deceased would have earned, and loss of financial support the family depended on. These damages are calculated based on actual expenses and lost income.
- Non-economic damages compensate for emotional and relational losses. These include loss of companionship, mental anguish, emotional distress, and loss of consortium (the relationship between spouses). These damages are harder to calculate but are equally important. They recognize the immeasurable value of the relationship you lost. For more information, see our guide on how wrongful death compensation is calculated in Augusta.
- Punitive damages punish defendants for especially reckless or intentional conduct. When awarded, 25 percent goes to the plaintiff, and 75 percent goes to the Georgia state treasury. Punitive damages are only available in cases involving gross negligence or intentional wrongdoing, not simple negligence.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Georgia?
You have two years from the date of your loved one’s death to file a wrongful death lawsuit in Georgia. This deadline is set by Georgia law O.C.G.A. § 9-3-33. In limited circumstances, this deadline may be extended (such as if the defendant faces criminal charges or if the estate has not been established). However, you should not assume an exception applies to your case. Contact Chris Hudson Law Group immediately to discuss your specific situation and ensure you meet the deadline.
Can the statute of limitations be extended?
Yes, the statute of limitations can be extended in specific circumstances. If the defendant faces criminal charges related to the death, the deadline may be tolled (paused) and potentially extended up to six years. Although your loved one did not have a verified will and the estate has not been established, you may have up to five years to file. But this applies only to estate claims, not to family wrongful death claims, which remain subject to the two-year deadline. If minor children are beneficiaries, the deadline may extend until they reach age 20. These exceptions are complex and fact-specific. Chris Hudson Law Group can evaluate your situation and determine if any exceptions apply.
What should I do if my loved one died due to someone’s negligence?
Contact Chris Hudson Law Group immediately for a free consultation. Do not wait. The two-year deadline approaches quickly, and you need experienced legal guidance to protect your rights. During your consultation, you can discuss what happened, ask questions about the legal process, and learn about your options. Chris Hudson Law Group works on a contingency fee basis, so you pay nothing up front. Call (706) 863-6600 today or visit the Augusta office at 3683 Wheeler Road, Suite A, Augusta, GA 30909.
Take Action Now: Contact Chris Hudson Law Group
The two-year statute of limitations deadline is not flexible. Every day that passes brings you closer to losing your right to recover compensation. If you believe negligence caused your loved one’s death, you need an experienced wrongful death attorney on your side immediately.
Chris Hudson Law Group has recovered millions for grieving families. Christopher Hudson and Amanda Morris bring decades of combined legal experience to every case. The firm works on a contingency fee basis—you pay nothing unless you recover compensation. Your first consultation is free.
Do not let the statute of limitations deadline pass. Contact Chris Hudson Law Group today at (706) 863-6600. The firm serves families throughout Augusta, Savannah, and the surrounding areas in Georgia and South Carolina. Call now to schedule your free consultation with our team of lawyers. Learn how Chris Hudson Law Group can help you pursue the justice you deserve for your loved one.
Related Wrongful Death Resources
Learn more about wrongful death claims and how Chris Hudson Law Group can help: