How Long Does a Georgia Wrongful Death Lawsuit Usually Take?

How long do wrongful death lawsuits usually take? In Georgia, most move through several stages over a period of months to years. The exact length depends on how the death happened, who is responsible, and how each side responds.

Losing someone is hard enough, and this question often comes up while families are handling funeral plans and paperwork. This page walks through the deadline, the stages, and the factors that shape timing. No single schedule fits every family, but the steps below show what usually drives the length.

Short Answer: Wrongful Death Lawsuits Usually Take Months to Years

Many Georgia wrongful death cases take several months to a few years, and some take longer. A case can settle early through talks with the insurer. A case that must go to trial takes more time for scheduling, and any appeal adds more after the verdict.

Settlement, trial, and appeal each change the total timeline. A case that resolves once the evidence is gathered can finish sooner than one that is tried. Families often ask for a single number, but the stages below show why one number rarely fits. Knowing these paths helps families understand why any early estimate is only a starting point.

Georgia’s Filing Deadline Sets the Starting Point

Georgia’s general deadline for injury claims is two years. The statute says that, except as otherwise provided in this article, actions for injuries to the person must be brought within two years after the right of action accrues. O.C.G.A. § 9-3-33

Because that start point is a legal question, families should review timing early. Waiting can shrink the time left to investigate, gather records, and prepare a filing.

A related rule can pause the clock. When the victim of an alleged crime brings a tort claim, the limitation period is tolled. Tolling runs from the commission of the crime until the prosecution is final or otherwise terminated, and it cannot exceed six years, except as otherwise provided in Code Section 9-3-33.1. O.C.G.A. § 9-3-99 O.C.G.A. § 9-3-99

Other exceptions can apply to a particular death, so the deadline is worth discussing with a lawyer early.

The Stages of a Wrongful Death Case and How Long Each Can Take

A wrongful death case usually moves from investigation to filing, then discovery, settlement talks, and, if needed, trial.

• Investigation. Families and lawyers gather the crash or incident report, medical records, income records, and funeral bills. Georgia allows the personal representative to recover funeral, medical, and other necessary expenses when death results from a crime or from criminal or other negligence. O.C.G.A. § 51-4-5 This stage can take weeks or months.
• Filing and answer. O.C.G.A. § 9-11-12 The defense then has time to decide how to respond, and that step can shape the calendar.
• Motion to dismiss. If a defendant files this motion before answering, discovery pauses until the court rules. The court must decide the motion within 90 days after briefing ends. O.C.G.A. § 9-11-12 If a defendant answers before the court rules on the motion, the stay immediately terminates with respect to that defendant.
• Discovery. Both sides exchange documents, answer written questions, and take depositions from witnesses and the parties. This phase is often one of the longest.
• Settlement talks and trial. Talks can happen at several points. If the case is not resolved, trial depends on the court’s calendar, and appeals can add time.

What Makes a Wrongful Death Case Take Longer or Shorter

Disputed fault, several at-fault parties, and complex losses usually add the most time. Georgia’s fault rules explain why. Damages are reduced by the plaintiff’s share of fault, and a plaintiff who is 50 percent or more responsible may not recover damages. O.C.G.A. § 51-12-33 Each side often needs more records and testimony to argue its share of fault, which stretches discovery.

Fault can also be assigned to someone who was never sued. A defendant can give notice, at least 120 days before trial, that a nonparty was partly at fault. That notice can bring in new evidence and more time. O.C.G.A. § 51-12-33

Several at-fault parties add time too. Under the same statute, each liable person pays only its own apportioned share, and that share is not joint liability. Each at-fault party’s share is handled separately, which can mean more negotiation.

Crash reconstruction, inspections, and medical records can take time to obtain and review. Court calendars and each side’s response times also set the pace. Each of these steps is a reason a case can run longer, even when the family wants resolution sooner.

Settlement Timing, Insurers, and How Money Is Paid Out

A quick settlement is not automatic. Speed depends on the evidence, the insurance involved, and how the parties negotiate. Talks may stall when the parties disagree about fault, which pushes the case toward discovery or trial.

A headline figure is usually a gross number. What a family receives depends on how Georgia law divides the recovery. If there is a surviving spouse, that spouse receives no less than one-third. If there is no surviving spouse, a child or children may recover. O.C.G.A. § 51-4-2

Recovery under the main wrongful death provision is not subject to the decedent’s debts or the estate’s debts.

If a case is tried, future economic losses may be reduced to present value, using a 5 percent rate or another rate the fact-finder deems appropriate. O.C.G.A. § 51-12-13

Frequently Asked Questions

Talk With Ugwonali Law Group About Your Family’s Timeline

You may be reading this late at night, between hospital calls and arrangements, while handling a loss you did not choose. The question in front of you may be whether to speak with a lawyer now, given the two-year starting point and the time that investigation takes.

Ugwonali Law Group, led by attorney Adanna Ugwonali, offers a free case review at 3400 Peachtree Road NE, Atlanta, Georgia. Intake is available in English or Spanish. The first consultation is free, confidential, and carries no obligation to continue. Request your free case review

Responsible attorney: Adanna Ugwonali, Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia. Every case differs. This article is educational and is not legal advice.