When someone you love dies, it’s always hard. It’s much harder to cope, however, when that death was wholly unnatural.

In Georgia, deaths that are caused by criminal actions, someone’s negligence and defective products are classified as “homicides.” That opens the door to wrongful death claims.

Can you sue for wrongful death if the other party is arrested?

Not every homicide leads to an arrest. When it does, however, you may wonder if that’s the end of any wrongful death claim you might pursue. It is not.

A wrongful death claim operates independently of any criminal charges the other party may face. In fact, as a civil claim, the standard of proof required in a wrongful death claim is much lower than the standard of proof required for a conviction in a criminal case. That means that it’s often possible to hold someone liable in civil court even when the criminal charges don’t stick.

How long do you have to pursue a wrongful death claim?

Normally, you have two years to file a wrongful death claim. However, the statute of limitation can be “tolled,” stopping the clock on that two-year count, for up to five years if the deceased’s estate is still in probate.

It can also be tolled for up to six years if there’s a criminal trial pending. This is important because a conviction in the criminal trial generally makes it much easier to win your civil case.

Understanding the ins-and-outs of a wrongful death claim and your legal rights isn’t easy, especially when you’re still trying to manage your grief over your loved one’s loss. Let an experienced advocate guide you through the process.