Snellville, GA asked in Car Accidents and Wrongful Death for Georgia

Q: My father died 22 years ago in a car accident caused by someone else. I was a minor and Nothing was pursued.

The other driver was at fault, failed to yield.

My parents were divorced and my mother did not pursue anything. I have just recently found out the details, can I do anything now ?

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Just to be sure, contact a member of the Ga. Trial Lawyers Assn but no, it is too late. There's a statute of limitations for wrongful death and related claims that is long over. Even if you had a claim as a minor, that would have expired on your 18th birthday or 2-3 years after that, depending on Georgia Law. But give a GaTla member a call--they give free consults.

Michael W. Horst
Michael W. Horst
Answered
  • Personal Injury Lawyer
  • Alpharetta, GA
  • Licensed in Georgia

A: I am very sorry to hear about your father. In terms of your question, the short answer is nothing can be done 22 years later.

In Georgia, when someone dies to the negligence of another two claims arise. The first claim is the wrongful death claim. It must be brought within two years of the person's death. The other claim is the estate claim. It too must be brought within two years. However, there is a 5 year tolling provision which stays the statute of limitations assuming the estate is not created. If after five years the estate has still not been created, then the two year statute of limitations begins to run. That means there is up to 7 years to assert an estate claim assuming the estate is created five years after the person's death. In your case, too much time has passed to assert either an estate claim or a wrongful death claim.

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