A wrongful death case must get filed in time in order to be effective and there are set dates by which you must file your claim or the case could be dismissed. You may feel like you are unable to handle speaking with an attorney soon after losing someone. However, limitation periods can be incredibly short and you do not want to miss out on the compensation you are owed.
The Roswell wrongful death statute of limitations must be followed to protect your rights. Speak to a diligent wrongful death attorney today to understand the requirements for your case.
What is a Statute of Limitations?
A statute of limitations is a time period in which a person must file their legal claim or it is lost. This is a hard date in most cases. If a person does not file their claim within the applicable time limits, the suit will likely be dismissed by the trial court.
The result of such a dismissal strips the surviving family members of their opportunity to seek compensation. Even if their case would otherwise be successful, this dismissal will negate those chances. Late filings are generally not approved by a court and will be discarded.
Limitation Periods in Roswell Wrongful Death Cases
The general time limit for filing wrongful death cases is two years from the date of the death, according to Georgia Statutes § 9-3-33. This is the statute of limitations for personal injury cases under which many Roswell wrongful death cases fall. For example, if a person is killed in a car accident, this two-year limitation period applies
The same period applies to medical malpractice death cases, but occurs under Georgia Statutes § 9-3-71 instead. If a person passes away as a result of malpractice, the two-year statute of limitations will apply in most cases. However, in cases where a foreign object is found in the body, the case may have limitations of up to one-year after the foreign object is discovered or the wrongful act identified. This can be a complicated situation, and is best handled by a licensed wrongful death attorney.
Claims Against the State or a Local Government
Under the State Tort Claims Policy, an individual is required to provide a pre-suit notice in writing of the claim. It must be addressed to the head of the state agency involved in the case and to the Risk Management Division of the Department of Administrative Services.
This must occur within a one-year period of the date of the person’s death. A wrongful death lawsuit in Roswell must be filed within the two-year statute of limitations listed above but also no less than ninety days after the pre-suit notice.
For claims against a county government, the claim must be presented in writing to a county commission within one-year and prior to filing a lawsuit. For municipal government claims, the written notice must occur within six months of the death and then the claimant must wait thirty days before filing suit.
File Your Case Within the Statute of Limitations for Roswell Wrongful Death Cases
If you have recently lost a loved one due to a wrongful death, it is incredibly important to reach out to an attorney as soon as possible to file a claim. The complexities of cases against the government and other entities makes it especially important, as the limitation period can be as short as six months. The sooner you get in touch with a skilled legal professional, the more likely you are to protect your right to file a claim.
The Roswell wrongful death statute of limitations is one you must respect. If you miss your deadline, you will likely miss out on financial compensation that could otherwise be available. Contact a lawyer today to start your claim.