Wrongful Death Claims and the Evolving Rulings Regarding Time for Filing such Claims

Recent Georgia cases have more broadly interpreted the time/tolling for filing wrongful death claims. Below is a summary of recent developments regarding the tolling of such claims and the impact on litigation/statutes of limitation. Claims arising from a wrongful death can be broken down into two separate actions. The decedent’s estate could make a wrongful death claim for the decedent’s pain and suffering. Pursuant to OCGA § 9–3–33, administrators of an estate are subject to the two-year statute of limitation applicable to wrongful death claims. Metro Atlanta Rapid Transit Auth. v. Maloof, 304 Ga. App. 824, 827 (2010). The surviving spouse or, if there is no surviving spouse, a child o

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