HB 1160: Civil practice; tolling of limitations; provide for surviving relatives in wrongful death actions

Georgia law currently pauses, or 'tolls,' the deadline for a crime victim to file a civil lawsuit related to that crime while the criminal prosecution is ongoing, so the victim does not lose their right to sue while the criminal case plays out. This bill extends that same pause to wrongful death lawsuits filed by a victim's surviving relatives or estate. The bill amends O.C.G.A. § 9-3-99 so that the filing deadline for wrongful death claims brought under Georgia's wrongful death statutes (O.C.G.A. §§ 19-7-1, 51-4-2, and 51-4-4) is also paused from the date of the crime until the criminal prosecution becomes final or otherwise ends. As under current law, the pause cannot last longer than six years, with an exception already written into O.C.G.A. § 9-3-33.1. The bill repeals any conflicting laws.

• Extends the existing pause on lawsuit deadlines for crime victims to also cover wrongful death claims brought by surviving relatives or an estate.
• Applies the pause specifically to wrongful death claims filed under O.C.G.A. §§ 19-7-1(c), 51-4-2, and 51-4-4.
• Keeps the same six-year cap on how long the deadline can be paused, except where O.C.G.A. § 9-3-33.1 already provides otherwise.
• Ties the length of the pause to when the related criminal prosecution becomes final or otherwise ends.

Surviving spouses, children, and other relatives (or the estate) of someone killed as the result of an alleged crime, as well as criminal defendants facing related civil wrongful death suits, and Georgia courts handling wrongful death litigation.

Families of crime victims who die from the crime would get more time to file a wrongful death lawsuit while the criminal case is still pending, preventing the civil filing deadline from expiring before the criminal prosecution concludes.

• Section 1 amends O.C.G.A. § 9-3-99 to add wrongful death claims under O.C.G.A. § 19-7-1(c) and §§ 51-4-2 and 51-4-4 to the list of claims eligible for tolling.
• The pause runs from the date of the alleged crime until the related prosecution becomes final or is otherwise terminated.
• The tolling period cannot exceed six years, except as otherwise allowed under O.C.G.A. § 9-3-33.1.
• Section 2 repeals any existing laws that conflict with this change.

1. 2026-02-19House Committee Favorably Reported By Substitute (Cámara de Representantes)
2. 2026-02-04House Second Readers (Cámara de Representantes)
3. 2026-02-03House First Readers (Cámara de Representantes)
4. 2026-02-02House Hopper (Cámara de Representantes)

• Omari Crawford (D, HD-089)Patrocinador principal
• Tyler Smith (R, HD-018)
• Stacey Evans (D, HD-057)
• Soo Hong (R, HD-103)
• Trey Kelley (R, HD-016)
• Martin Momtahan (R, HD-017)

• wrongful death lawsuits
• statute of limitations
• crime victims
• civil lawsuits
• Georgia courts