My family member survived the accident for a period of time before dying. Does the clock start at the accident or the death?
In Georgia wrongful death cases, the statute of limitations under
O.C.G.A. § 9-3-33 runs from the date of death, not the date of the underlying accident or injury. This is known as the “death accrual rule” and has been consistently applied by Georgia courts. The estate’s separate claim for pre-death pain and suffering and medical expenses under
O.C.G.A. § 51-4-5 may have different accrual considerations. Contact HBLG immediately regardless of when the accident occurred.
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