No amount of money can replace a loved one who has been taken from you too soon. But when a death is caused by the negligence, recklessness, or intentional conduct of another person, company, or institution, the law provides a way for the surviving family to seek justice and financial security through a wrongful death claim.

At Dr. Ted Injury Law, we understand that wrongful death cases are not just legal matters. They are deeply personal, involving grief, anger, and the overwhelming challenge of moving forward after an unimaginable loss. Our attorneys approach every wrongful death case with the sensitivity and compassion that families deserve, while fighting aggressively to hold the responsible parties accountable.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by the surviving family members or the estate of a person who died as a result of another party's negligent, reckless, or intentional conduct. The claim seeks compensation for the losses suffered by the surviving family as a result of the death. Common situations that give rise to wrongful death claims include car, truck, and motorcycle accidents, medical malpractice, workplace accidents, defective products, premises liability incidents, and criminal acts including assault and homicide.

Who Can File a Wrongful Death Claim?

The rules about who can file a wrongful death claim vary by state:

North Carolina

In North Carolina, a wrongful death claim must be filed by the personal representative of the deceased person's estate. This is typically the executor or administrator named in the will or appointed by the court. The damages recovered are distributed to the surviving heirs according to the state's intestacy laws.

South Carolina

In South Carolina, a wrongful death claim must also be filed by the personal representative of the estate. The proceeds are distributed to the surviving spouse, children, or other statutory beneficiaries.

Georgia

In Georgia, a wrongful death claim is brought by the surviving spouse. If there is no surviving spouse, the children may bring the claim. If there is no surviving spouse or children, the personal representative of the estate may bring the claim.

Damages in Wrongful Death Cases

A successful wrongful death claim can recover compensation for:

  • Medical expenses: The cost of medical treatment the deceased received between the injury and death.
  • Funeral and burial expenses: The reasonable costs of the funeral, burial, or cremation.
  • Lost income: The income the deceased would have earned over their remaining lifetime, including future raises, benefits, and retirement contributions.
  • Loss of services: The value of household services, childcare, and other contributions the deceased would have provided.
  • Loss of companionship: The loss of love, affection, companionship, guidance, and support that the family has suffered.
  • Pain and suffering: In some states, the estate can recover damages for the pain and suffering the deceased endured between the injury and death.
  • Punitive damages: In cases involving particularly egregious conduct, punitive damages may be available to punish the wrongdoer.

Statutes of Limitations

Each state has strict time limits for filing a wrongful death claim. In North Carolina, the statute of limitations is two years from the date of death. In South Carolina, it is three years. In Georgia, it is two years. Missing these deadlines can permanently bar your claim, so it is essential to consult with an attorney as soon as possible.

Contact Dr. Ted Injury Law

If you have lost a loved one due to someone else's negligence, we are here to help. Contact Dr. Ted Injury Law at (800) 555-HURT for a compassionate and confidential consultation.