Statute of limitations in GA for wrongful death
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Statute of limitations in GA for wrongful death
I am executor of my sister’s estate. She killed her 10 year old son and then herself. She was on several medications, in therapy, in and out of hospitals, doctors etc. Many suicide attempts. Is there a claim against her doctors, hospitals, the pharmaceutical companies not on her death but the death of the son who should have been removed from her custody? She was investigated by DFACS and her meds were paid for by the State as she was on disability for mental illness. Should someone be responsible for not protecting her son?
Asked on June 16, 2009 under Accident Law, Georgia
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I'm not a Georgia attorney, but my research suggests that the statute of limitations for personal injury in your state is two years, and usually an action for wrongful death will fall in that category. One place to find a lawyer in your area, who can give a firm answer to the question, is our website, http://attorneypages.com
This is a terrible, tragic event, and I completely understand your feelings about this. But suing agencies like DFACS is often very difficult if it's possible at all, and there may be very short-term notice provisions that have to be satisfied. If you want to pursue this, you will need to do that immediately. It's also possible that someone else will have to do that for your late nephew, as there would be a conflict of interest between him and your sister.
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