North Carolina, South Carolina & Virginia Lawyers Represent Families of Fatal Accident Victims
In the face of tragedy, we assist with your legal options
The sudden and unexpected loss of a loved one in a tragic accident is shocking and heartbreaking. We understand that it’s difficult to even consider legal action at such a time. But you should know that your family may be entitled to recovery following a family member’s fatal accident. At Marcari, Russotto, Spencer & Balaban, our staff and lawyers are determined to thoroughly review and investigate what led to your loved one’s wrongful death. Our entire team is dedicated to taking care of our clients as if they were members of our own families.
What types of accidents are eligible for legal recovery?
Any fatal accident could allow your family to recover damages through a court judgment, depending on the specific circumstances of the case. Our dedicated lawyers handle fatal accident cases with dignity, concern and care. We’ve helped people in North Carolina, South Carolina & Virginia who have lost loved ones through:
With more than 200 years combined experience, our attorneys are devoted to investigating the true causes of your loved one’s accident. If his or her death was caused by the negligence of another, you may be entitled to compensation.
Understanding wrongful death claims in North Carolina, South Carolina & Virginia
The rules of who can sue vary by state; in some states a close family member can initiate a suit, in other states a personal representative of the decedent’s estate files the action. The damages available vary also; some jurisdictions allow the estate to recover for the victim’s pain and suffering prior to death, others only allow family members to recover for their own losses: economic, noneconomic or both.
In Virginia, a surviving spouse, surviving children and surviving grandchildren have the initial right to file a wrongful death lawsuit. If none exist, surviving parents, siblings and dependents may file a claim. The plaintiffs can receive damages for economic loss, medical costs, probate fees, noneconomic loss and up to $350,000 in punitive damages. The statute of limitations to file a wrongful death suit in Virginia is two years from the date of death.
- North Carolina
In North Carolina, a personal representative of the decedent’s estate may file a claim to recover damages for the estate and surviving family members. The family of a fatal accident victim can recover economic damages, including medical costs, loss of income, and funeral expenses, as well as noneconomic damages, such as the pain and suffering of the decedent prior to death and the loss of the loved one’s companionship, comfort, guidance and advice. In rare cases, punitive damages are also available. The statute of limitations to file a wrongful death suit in North Carolina is two years from the date of death.
- South Carolina
In South Carolina, an executor of the decedent’s estate may bring a lawsuit on behalf of the estate and surviving family members. The family of a fatal accident victim can recover economic damages, including medical costs, loss of income, and funeral expenses, as well as noneconomic damages, such as the loss of the loved one’s companionship, comfort, guidance and advice. In addition to filing a wrongful death claim for economic and noneconomic damages, a family member of a victim may also file what is called a survival action. A survival action allows the victim's family to pursue compensation for the pain and suffering the victim experienced prior to death. In rare cases where the at-fault party’s conduct was reckless or deliberate, the court may award exemplary, or punitive, damages. The statute of limitations for wrongful death in South Carolina is three years from the date of the victim’s death.
Contact us if you’ve lost a loved one to a fatal accident in North Carolina, South Carolina or Virginia
The attorneys of Marcari, Russotto, Spencer & Balaban understand the shock and grief that families endure from the unexpected loss of a loved one, and we fight for their memory — and your future. Call us toll free at (888) 351-1038 today or contact us online to schedule a free consultation. You pay nothing until your case is resolved and you receive compensation.
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