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The
time limit for filing a wrongful death case in Georgia is generally two
years from the date of death. This limitation is based on separate
statutes in general personal injury and medical malpractice contexts,
but the effect is almost always the same.
There are some
exceptions, when the time period may be "tolled" so that in effect the
clock stops running for a time. However, the safer course is to always
file within two years rather than delaying.
Note that the two-year limitation period is for Georgia. Other states have shorter or longer limitation periods.
There are additional factors to consider in particular types of cases.
Trucking Cases
Interstate
motor carriers are required by Federal law to maintain certain records
of their operations for six months. While they are not required to
destroy records after six months, some do. Often these records provide
the only way to prove multiple violations of Federal Motor Carrier
Safety Regulations. If nothing is done to assure preservation of
specified documents before the expiration of six months after a wreck,
documents which may be invaluable to your claim may be legally
destroyed.
Companies that handle wireless data transmissions for
truck fleets may routinely purge their electronic records within six
weeks.
If a loved one is killed to negligent operation of a
motor carrier's truck, it is extremely important to hire a lawyer
experienced in trucking cases as soon as possible -- preferably within
a month -- in order to allow time to take the necessary action to
prevent destruction of the trucking company's records. Lawyers who are
not experienced in trucking litigation simply won't know this, and
won't know what records to ask for.
Claims against state and local government
State
Government: Under the State Tort Claims Act, the claimant must present
a pre-suit notice of claim in writing with specificity, to head of each
state agency involved, and to Risk Management Division of Department of
Administrative Services, within 12 months. Suit must be filed within
the applicable of limitations, but not less than 90 days after
presentation of presuit notice of claim.
County Government: Present claim in writing to county commission within 12 months, and prior to filing suit.
Municipal Government: Present claim in writing within 6 months, then wait at least 30 days before filing suit.
Common Disaster
File
suit within 12 months to maintain priority of your judgment where there
are multiple claimants and funds are inadequate to fully compensate
them all.
Life Insurance Contracts
While the statute of
limitations for filing suit on insurance policies generally is six
years, many insurance policies contain a contractual suit limitation
clause which may limit the time for filing suit to as little as one
year. Insurance policies must be carefully reviewed in detail to
determine whether there is a contractual suit limitation.
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