After the unexpected loss of a loved one, it can be hard to know how to move forward and what legal rights the family may have. If you are seeking answers after the untimely death of a family member, you need to seek the assistance of an experienced attorney. The Duluth wrongful death statute of limitations can impact when a case can be filed.
The wrongful death lawyers at Barrios Virguez Attorneys: Accident & Injury Law advocate for people who have lost loved ones due to the negligence of another person. We help families navigate the legal process so they can focus on moving forward. Our team will compassionately seek justice for your family.
What Is a Statute of Limitations?
A statute of limitations sets the timeframe within which a case must be filed. If an action is not brought within the statute of limitations, the party bringing the lawsuit may not be able to proceed with their claim. Because the wrongful death statute of limitations may limit your ability to file a claim, it is important to immediately contact an experienced attorney in Duluth who can ensure your rights are protected.
What Is the Statute of Limitations in Duluth?
Typically, a wrongful death action must be brought within two years after the death occurs under Georgia Code § 9-3-33. However, the statute of limitations may be extended in certain situations. If the wrongful death involves criminal allegations, the statute of limitations may be extended. Additionally, if there is a delay in appointing a personal representative for the deceased’s estate, the statute of limitations may be extended. The statute of limitations may be extended if a minor is involved as well. If the wrongful death claim is against a state or local government, the timeline within which to file a case may also be different.
It is important to speak with a knowledgeable attorney from our firm in Duluth, as the wrongful death statutes of limitations can greatly impact your case.
Missing the Statute of Limitations
If a case is not filed within the wrongful death statute of limitations in Duluth, the court may not allow the action to move forward. The court will likely dismiss the case even if there is sufficient evidence to support the wrongful death claim. In addition, waiting a significant amount of time to bring a wrongful death action also impacts your ability to collect evidence and interview witnesses. The sooner an investigation can begin, the more likely eyewitnesses will remember what occurred and that evidence can be collected and examined thoroughly.
Because the statute of limitations can significantly impact your case, it is important to speak with a lawyer as soon as possible.
Our Duluth Attorneys Can Help You Understand the Statute of Limitations for Your Wrongful Death Claim
Wrongful death claims are complex and can be overwhelming. You need to seek the guidance of an experienced wrongful death attorney to ensure you understand the Duluth wrongful death statute of limitations for your specific situation.
The team at Barrios Virguez Attorneys: Accident & Injury Law understands the complexities of wrongful death actions. Our lawyers can take care of the legal process so you can focus on your family. Contact us today for a free consultation.