Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Georgia's two deadlines run on the same basic clock — but a real exception around pending criminal cases can stretch the wrongful death window well past what the standard rule suggests.

The same general period

Georgia's wrongful death claim generally must be filed within 2 years of the date of death — the same general period that governs an ordinary personal injury claim under O.C.G.A. §9-3-33. Unlike some states that set a meaningfully different deadline for wrongful death specifically, Georgia keeps the two aligned as a general matter.

A pending criminal case can change everything

If a criminal prosecution arises from the same incident that caused the death, Georgia law can toll — pause — the civil statute of limitations while that criminal case is pending. Criminal proceedings often take considerably longer to resolve than two years, so this tolling provision can meaningfully extend the window for filing the civil wrongful death claim well beyond the standard period.

The clock starts at death, not the original injury

The wrongful death deadline runs from the date of death, not from any underlying injury. This matters when someone is injured, survives for a period, and later dies from that injury: the clock starts fresh at death, giving the family their own window from that point forward.

Medical malpractice deaths carry their own wrinkle

A wrongful death claim arising from medical malpractice is subject to additional, malpractice-specific limitations rules, including a statute of repose that can affect the outermost boundary for filing — a separate consideration layered on top of the general 2-year period.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Georgia attorney immediately.