Wrongful Death Lawyers

Under O.C.G.A. § 51-4-2, the surviving spouse has the first right to bring a wrongful death claim. If there is no surviving spouse, the children may file. If there is no spouse or children, the parents of the deceased or the administrator of the estate may bring the action. When a surviving spouse files and there are children, the spouse must share at least one-third of the recovery equally among the children.

Under S.C. Code § 15-51-20, a wrongful death action must be brought by the personal representative (executor or administrator) of the deceased's estate. The recovery is then distributed to the statutory beneficiaries: surviving spouse, children, and in some cases parents or other heirs as determined by South Carolina's intestacy laws.

In Georgia, a wrongful death suit must be filed within 2 years (O.C.G.A. § 9-3-33). In South Carolina, the deadline is generally 3 years (S.C. Code § 15-3-530). These deadlines are strictly enforced, and missing them almost certainly bars your family from recovering any compensation.

A wrongful death claim compensates the surviving family members for their losses — such as lost financial support, companionship, and, in Georgia, the full value of the deceased's life (O.C.G.A. § 51-4-1). A survival action is brought by the estate to recover damages the deceased person suffered before death, including medical expenses, pain and suffering, and lost wages between the injury and death. In many cases, both claims are pursued simultaneously.

Georgia uses the "full value of the life" standard (O.C.G.A. § 51-4-1), which considers not only the deceased's earning capacity but also the intangible value of their life — including companionship, counsel, and the overall worth of the person. This is one of the broadest measures of wrongful death damages in the country and often results in substantial recoveries.

Yes. Medical malpractice is one of the most common bases for wrongful death claims. These cases require expert medical testimony to establish the standard of care and prove that the healthcare provider's negligence caused or contributed to the death. Our attorneys work with board-certified medical experts to build these complex cases.

Criminal proceedings and civil wrongful death lawsuits are separate legal actions. You can pursue a wrongful death claim regardless of whether criminal charges are filed, and the outcome of a criminal case does not determine the civil case. The burden of proof in civil court (preponderance of evidence) is significantly lower than in criminal court (beyond a reasonable doubt).

At Roden Law, we handle wrongful death cases on a contingency fee basis — you pay nothing upfront and owe no attorney fees unless we recover compensation for your family. Our fee is a percentage of the recovery obtained. We also provide free, confidential consultations to evaluate your case and explain your legal options.

Yes, in most cases. Georgia's modified comparative fault rule (O.C.G.A. § 51-12-33) allows recovery as long as the deceased was less than 50% at fault, though compensation is reduced by their percentage of fault. South Carolina allows recovery as long as the deceased was 50% or less at fault (Nelson v. Concrete Supply Co.). Our attorneys work to minimize any fault attributed to the deceased and maximize your family's recovery.

Wrongful death cases typically take 12 to 24 months or longer to resolve, depending on the complexity of the case, the number of parties involved, and whether liability is disputed. Cases involving corporate defendants or medical malpractice often require extensive discovery, expert depositions, and may proceed to trial. We keep families informed at every stage and never rush a settlement at the expense of full compensation.