North Carolina, South Carolina, Virginia, West Virginia & Florida 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, West Virginia & Florida 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, West Virginia & Florida
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.
In Florida, the personal representative of the victim's estate has the authority to bring a claim on behalf of the estate and surviving family members. This litigation covers expenses incurred by the estate, such as funeral costs and medical bills that accumulated before the decedent's death. Claims also can address wages that the victim would have earned and the loss of household services and companionship endured by a spouse, child, parent or some other family member whom the decedent supported. The claim must be filed within two years of the date of death.
- West Virginia
In West Virginia, a wrongful death action needs to be brought by the personal representative of the decedent's estate no more than two years after the fatality. Damages can include reimbursement for final expenses, lost wages and benefits, medical costs and property that might have been destroyed. Loved ones are also able to collect payment for their sorrow and mental anguish as well as the loss of companionship and guidance. Eligible family members include surviving spouses, children, parents, siblings and others who were financially dependent on the victim at the time of their death.
Contact us if you’ve lost a loved one to a fatal accident in North Carolina, South Carolina, Virginia, West Virginia or Florida
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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