A wrongful death claim in Georgia generally must be filed within two years. When the death also gives rise to a criminal prosecution, however, Georgia law contains a tolling provision that can pause that two-year clock while the criminal case moves through the courts. This guide explains how that tolling rule works, how long it can last, and the limits the courts have placed on it.
The Standard Two-Year Deadline
Wrongful death actions in Georgia are subject to a two-year statute of limitations. This period is generally measured from the date of death rather than the date of the underlying injury. The deadline functions as a cutoff: once two years pass, the right to bring the claim is ordinarily lost. Tolling rules are exceptions that suspend the running of that period under specific circumstances defined by statute.
The Criminal Tolling Statute: O.C.G.A. Section 9-3-99
The relevant tolling rule is found at O.C.G.A. Section 9-3-99, enacted as part of the Crime Victims Restitution Act of 2005 and effective July 1, 2005. The statute provides that the running of the limitations period for any tort cause of action that may be brought by the victim of an alleged crime, where the action arises out of the facts and circumstances relating to the commission of that alleged crime, is tolled from the date the crime was committed until the prosecution of that crime becomes final or is otherwise terminated.
The statute attaches one firm outer limit. The tolling period cannot exceed six years. In other words, even if a criminal prosecution remains unresolved for a very long time, the limitations clock can be paused for no more than six years under this provision.
How the Six-Year Limit Operates
Two separate concepts work together under Section 9-3-99. The first is the triggering event: tolling begins on the date the crime was committed. The second is the ending event: tolling stops either when the criminal prosecution becomes final or otherwise terminates, or when six years have elapsed, whichever comes first.
If a criminal case concludes within six years, the tolling ends on the date of that resolution, and the remaining portion of the two-year limitations period begins to run again from that point. If the criminal case is still unresolved after six years, the statute’s six-year ceiling applies, and the limitations period resumes at that point regardless of whether the prosecution has concluded.
Georgia courts have generally treated a prosecution as final based on the entry of the final court order in the criminal proceeding. A prosecution may also be considered terminated when charges are dismissed, dead-docketed in a way that ends the case, or otherwise disposed of without a continuing proceeding.
What Counts as a “Crime” for Tolling Purposes
The tolling statute is broad in one respect. Georgia courts have held that the underlying act need not involve criminal intent or criminal negligence to fall within Section 9-3-99. A traffic offense connected to a fatal collision can qualify as the predicate “crime” if it leads to a prosecution. The key requirement is that a criminal prosecution arising from the same facts actually exists or existed.
This means tolling does not turn on the severity of the offense. A misdemeanor traffic citation that results in a prosecution can trigger the tolling rule just as a felony charge can, provided the other statutory requirements are met.
The “Victim” Requirement and Its Limits
The statute applies to tort actions brought by the victim of an alleged crime. This element has produced significant limitations in the wrongful death context. Georgia courts have interpreted the word “victim” to mean the person who was actually injured by the crime, or the estate of that person.
This interpretation creates a distinction that matters in wrongful death litigation. A claim brought by the estate of the deceased person may fall within the tolling statute because the estate stands in the place of the injured person. By contrast, courts have held that family members bringing a wrongful death claim in their own right are not themselves the “victim” of the crime within the meaning of Section 9-3-99, because the statutory wrongful death claim belongs to the surviving relative rather than to the decedent.
Because the application of the tolling statute can depend on who holds the claim and how the claim is characterized, this is an area where the law is nuanced. Reported decisions have reached results that turn closely on the specific facts and on the precise relationship between the claimant and the crime.
A Separate Tolling Rule for Unrepresented Estates
The criminal tolling statute is not the only timing rule that can affect a death claim. Georgia law also provides, under O.C.G.A. Sections 9-3-92 and 9-3-93, that the limitations period for claims belonging to an estate may be tolled for up to five years while the estate remains unrepresented, meaning until a permanent personal representative is appointed. This estate-tolling rule is distinct from the criminal tolling rule. It applies to claims held by the estate, such as a survival claim for the decedent’s own injuries, and it has its own five-year ceiling. The two provisions address different situations and are measured differently.
How the Pieces Fit Together
For a Georgia wrongful death matter connected to a criminal case, the timeline generally involves several moving parts: the two-year limitations period itself; the possible suspension of that period under Section 9-3-99 while a criminal prosecution is pending, capped at six years; the requirement that the claimant qualify as a “victim” for the criminal tolling rule to apply; and, for estate claims, the separate possibility of tolling for an unrepresented estate.
The six-year figure is specific to the criminal tolling statute. It is the maximum length of time the limitations clock can be paused because of a related criminal prosecution. It does not extend the two-year limitations period itself; rather, it caps how long that period can be suspended. When tolling ends, whatever time remained on the two-year clock at the moment tolling began starts to run again.
Conclusion
Georgia law allows the two-year wrongful death limitations period to be tolled while a related criminal prosecution is pending, but the tolling under O.C.G.A. Section 9-3-99 cannot last longer than six years. Tolling begins on the date the crime was committed and ends when the prosecution concludes or when six years pass, whichever happens first. The rule applies only to claimants who qualify as the “victim” of the crime, a term Georgia courts have construed narrowly. Because the outcome can depend heavily on who holds the claim and how the underlying facts are characterized, the tolling analysis is fact-specific and has been the subject of close judicial interpretation.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
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