Civil practice; provide for surviving relatives in wrongful death actions
Impact
The implementation of HB 1109 would ensure that the deadline for filing wrongful death lawsuits is extended in instances where a related criminal case is still ongoing. This change in law is intended to provide more time for families to pursue legal action without the pressure of impending deadlines that could prevent them from seeking justice. The proposed amendment extends the limitation period for such actions to a maximum of six years, aligning with other provisions under Code Section 9-3-33.1. This is particularly beneficial in complex cases where the resolution of criminal charges may take an extended period.
Summary
House Bill 1109 addresses the tolling of limitations for wrongful death actions in Georgia. It aims to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated. The bill specifically provides for the tolling of limitations in tort actions brought by the victim of an alleged crime or their surviving relatives, allowing these claims to be delayed until the criminal prosecution related to the incident has concluded. This provision is significant as it seeks to protect the interests of the victims and their families during potentially lengthy criminal proceedings.
Contention
The potential contention surrounding HB 1109 might arise from concerns about the balance between the rights of the accused and the rights of victims' families. Supporters argue that the bill is a necessary reform to aid families in their pursuit of justice, ensuring that legal avenues remain open for as long as needed in the face of criminal proceedings. However, critics may express concerns regarding the implications for the accused, questioning whether extended tolling might lead to complications or burdens on defendants in wrongful death cases who may face delayed resolution.