Wrongful Death Lawyer
Wrongful Death Lawyers in NC, SC & GA
The death of a loved one caused by another person's negligence or wrongful act is one of the most devastating experiences a family can endure. Beyond the profound grief and emotional suffering, families often face financial hardship from the loss of the deceased's income, the burden of medical bills accumulated before death, and funeral and burial costs. At Dr. Ted Injury Law, our wrongful death attorneys provide compassionate, aggressive representation to families who have lost loved ones due to negligence across North Carolina, South Carolina, and Georgia.
Wrongful death claims serve two important purposes: they provide financial support for the surviving family members, and they hold the negligent party accountable for their actions. While no amount of money can replace a lost loved one, a wrongful death claim can provide the financial security that the deceased would have provided and ensure that the responsible party faces consequences for their negligence.
Common Causes of Wrongful Death
- Car, truck, and motorcycle accidents
- Medical malpractice and surgical errors
- Workplace and construction accidents
- Defective products
- Premises liability incidents
- Nursing home abuse and neglect
- Drowning and swimming pool accidents
- Criminal acts resulting from negligent security
Who Can File a Wrongful Death Claim?
North Carolina
Under N.C. Gen. Stat. § 28A-18-2, the personal representative (executor) of the deceased's estate files the wrongful death claim on behalf of the estate. The damages are distributed to the surviving spouse, children, and parents according to intestate succession rules. The statute of limitations is 2 years from the date of death.
South Carolina
Under S.C. Code § 15-51-10 et seq., the personal representative of the estate files the wrongful death action. Damages are distributed to the surviving spouse, children, and parents. If none exist, the claim benefits the estate. The statute of limitations is 3 years from the date of death.
Georgia
Under O.C.G.A. § 51-4-1 et seq., the surviving spouse has the primary right to bring a wrongful death claim. If there is no surviving spouse, children may file. If neither exists, the personal representative of the estate may file. The statute of limitations is 2 years from the date of death.
Damages in Wrongful Death Cases
Wrongful death damages vary by state but generally include:
- Economic damages — Lost income and benefits the deceased would have earned, loss of financial support for dependents, medical expenses incurred before death, funeral and burial costs.
- Non-economic damages — Loss of companionship, consortium, and guidance, mental anguish and emotional suffering of surviving family members, loss of parental guidance for minor children.
- Punitive damages — Available in cases involving egregious conduct such as drunk driving or intentional acts.
Survival Actions
In addition to wrongful death claims, survivors may bring survival actions for damages the deceased suffered between the time of injury and death, including pain and suffering, medical expenses, and lost wages during that period.
Contact Us
If you have lost a loved one due to another's negligence, contact Dr. Ted Injury Law for a compassionate, confidential consultation. We handle wrongful death cases on a contingency fee basis.
Related Case Results
A 28-year-old newlywed was killed when a drunk driver crossed the center line on a two-lane highway in rural South Carolina and struck her vehicle head-on. The at-fault driver had a blood alcohol content of 0.19, more than twice the legal limit, and had been served alcohol at a local bar despite being visibly intoxicated. We pursued claims against both the drunk driver and the bar under South Carolina's dram shop laws, recovering $4.5 million for the victim's husband and parents.