Compassionate Wrongful Death Legal Advice

Losing a loved one because of someone else’s negligence is heartbreaking and overwhelming. In an instant, you’re faced with emotional pain, financial uncertainty, and a legal process you may not have expected to navigate. Medical bills, funeral expenses, and the sudden loss of income can add pressure to an already devastating situation. It’s a time when you need clarity, support, and a path forward.

At Marcari, Russotto, Spencer & Balaban, we understand that no two families grieve the same way, and we are committed to handling your case with compassion and respect. Our personal injury attorneys have decades of experience helping families in Virginia, North Carolina, and South Carolina pursue justice in wrongful death cases. We manage the legal complexities, protect your rights, and work to secure fair compensation, so you can focus on your family and healing. Contacting us means choosing a legal team that listens, explains your options, and stands beside you every step of the way.

“Can’t say enough great things about the team of people that assisted me with my case. Every single person I worked with was extremely helpful and seriously made the whole process as easy as possible for me. They maintained constant communication and worked hard to get the outcome I was hoping for. Highly recommend!” — Nicholas S.

What Is Considered a Wrongful Death?

A wrongful death happens when a person loses their life because of another party’s negligence, recklessness, or intentional misconduct. These cases can arise from many types of incidents, including motor vehicle collisions, workplace accidents, unsafe property conditions, defective products, and medical errors.

The purpose of a wrongful death lawsuit is to give surviving family members the ability to seek compensation for the financial and emotional impact of their loss. This is a civil claim, which means it is separate from any criminal charges the at-fault party may face. Even if a criminal case results in a conviction, a wrongful death suit focuses on holding the responsible party financially accountable for damages such as funeral expenses, medical bills, lost income, and the loss of companionship and support.

At Marcari, Russotto, Spencer & Balaban, we help families understand whether their situation meets the legal definition of wrongful death and guide them through the process of pursuing justice under the laws of Virginia, North Carolina, or South Carolina.

Why Should You Hire a Wrongful Death Attorney?

Filing a wrongful death claim while grieving is never easy. The legal process can be complex, with strict deadlines and detailed requirements that can feel overwhelming. Having an experienced wrongful death attorney by your side allows you to focus on your family while knowing that your case is being handled with skill and care.

An experienced wrongful death lawyer can:

• Prepare and file the claim, meeting all legal requirements and deadlines under your state’s wrongful death laws.
• Gather critical evidence such as police reports, medical records, and witness statements, and work with specialists to support your case.
• Identify every party who may be responsible, whether the loss resulted from a motor vehicle accident, workplace incident, medical error, defective product, or unsafe property.
• Negotiate with insurance companies to seek fair compensation for expenses such as funeral and medical costs, lost wages, pain and suffering, and mental anguish.
• Represent you in court if a fair settlement is not reached, advocating for full accountability from those at fault.

At Marcari, Russotto, Spencer & Balaban, our attorneys are dedicated to guiding families through this difficult process. We provide trusted representation for wrongful death cases throughout Virginia, North Carolina, and South Carolina, always working to protect your rights and pursue the compensation you deserve.

Why Choose Marcari, Russotto, Spencer & Balaban for Your Wrongful Death Claim

With decades of experience in personal injury and wrongful death cases, our legal team has helped families across Virginia, North Carolina, and South Carolina seek justice after devastating losses. We combine legal skill with genuine compassion, guiding you through the process while protecting your rights at every step.

We Have Decades of Experience Handling Wrongful Death Cases

Our attorneys understand the wrongful death laws in each state we serve and know how to build strategies that meet the specific requirements of those laws. Whether your case involves a workplace accident, motor vehicle collision, or medical malpractice, we handle the legal and procedural details so you can focus on your family’s well-being. We also address probate and insurance matters that often arise in these cases.

We Are Dedicated to Providing Compassionate, Personalized Legal Support to Every Client

Every client receives personalized attention. We take the time to listen, understand your goals, and explain your options clearly. You will always know where your case stands, and you will have a team committed to guiding you through difficult decisions with care and respect.

Our Track Record of Multimillion-Dollar Verdicts and Settlements

Our history of results reflects our commitment to getting the compensation and justice our clients deserve:

• $2.75 million for a fatal motor vehicle accident involving a defective product
• $1.1 million after a fatal accident involving a father and primary provider
• $1 million for the wrongful death of a young man in a commercial vehicle crash
• $900,000 in a wrongful death settlement after a deadly car accident

These outcomes demonstrate our dedication to pursuing justice for grieving families and holding responsible parties accountable.

Testimonials

“Handled my lawsuit for my car accident my wife had passed away now they’re handling her case and doing it in a very professional way in my opinion I’m not sure if I would ever use any other law firm but this one they’ve been really good to me they always answer the calls or Communications great they got all the attorneys or solid I’m just glad I made the first call then they’ve taken good care of me they’ve already settled my case and they’re working on sending my wife so I couldn’t be happier at this point I give him five stars they earned it.” — Eric R.

“The attorneys, paralegals and administrative staff at the MRS&B are very professional, polite, kind and responsive. Whenever I had questions or wanted an update they were always happy to provide as much information as they could on my case. Periodically I was contacted for exactly that reason and they always checked in with me about my health and well being. I have not felt like just a number, which is remarkable considering the number of claimants MRS&B is representing.” — Derek W.

What Situations Lead to a Wrongful Death?

Wrongful death cases can arise in many different circumstances, but they all have a preventable loss caused by negligence or wrongful conduct. Some of the most common situations include:

• Motor vehicle crashes, including pedestrian and motorcycle accidents
• Commercial truck collisions
• Medical malpractice, surgical errors, and other healthcare negligence
• Dangerous or defective products
• Workplace accidents and unsafe working conditions
• Unsafe property conditions that create premises liability claims
• Fatal assaults or other intentional acts of harm

Every case is unique, and the circumstances surrounding a loved one’s death must be carefully investigated. At Marcari, Russotto, Spencer & Balaban, we work to uncover the full story, identify all responsible parties, and hold them accountable under the law.

What is the Difference between Wrongful Death and a Crime?

A wrongful death lawsuit is a civil legal action, not a criminal prosecution. While some wrongful deaths stem from criminal conduct, such as drunk driving or assault, the two processes are separate.

In a criminal case, the goal is to punish the wrongdoer through penalties like fines, probation, or imprisonment. In a wrongful death lawsuit, the focus is on securing financial compensation for the surviving family members to address the losses caused by the death.

It is possible for both cases to occur at the same time. For example, a person may face criminal charges for reckless driving while also being sued in civil court for wrongful death. At Marcari, Russotto, Spencer & Balaban, we guide families through the civil process while they follow any related criminal proceeding.

Understanding Wrongful Death Statutes

Virginia, North Carolina and South Carolina have their own rules for who may file a wrongful death lawsuit, what damages are recoverable, and the time limits for taking legal action. Knowing these laws is critical, because missing a deadline or misunderstanding eligibility rules can prevent a case from moving forward.

Wrongful Death Laws in North Carolina

Under North Carolina General Statutes § 28A-18-2, only the personal representative of the deceased’s estate may file a wrongful death action. Damages can include medical expenses related to the final injury or illness, funeral and burial expenses, lost income the deceased would have earned, and non-economic losses such as pain and suffering. Awards are distributed to the legal beneficiaries as provided by state law.

Wrongful Death Laws in South Carolina

According to South Carolina Code § 15-51-10 and related provisions, a wrongful death claim must be filed by the personal representative for the benefit of the deceased’s spouse, children, parents, or other heirs. Damages may cover medical and funeral costs, loss of financial support, and emotional losses such as loss of companionship and mental anguish.

Wrongful Death Laws in Virginia

Virginia law, under Virginia Code § 8.01-50, allows a wrongful death lawsuit if the death would have been grounds for a personal injury claim had the person survived. The personal representative files the claim, and compensation may go to the surviving spouse, children, parents, or other statutory heirs. Recoverable damages include sorrow, mental anguish, loss of companionship, lost income and services, medical expenses, and funeral costs.

At Marcari, Russotto, Spencer & Balaban, we understand how these state-specific rules affect your case and will guide you through each requirement to protect your right to pursue justice.

Who Has the Right to File a Wrongful Death Lawsuit?

In Virginia, North Carolina, and South Carolina, wrongful death lawsuits must be filed by the personal representative of the deceased person’s estate. This person is often named in a will, but if there is no will, the court can appoint someone to serve in this role.

While the personal representative is the one who files the lawsuit, the compensation recovered is distributed to certain beneficiaries as outlined by each state’s laws. These may include:

• The surviving spouse
• Children
• Parents
• Other relatives who were financially dependent on the deceased

If there is no will, each state’s wrongful death statute outlines how damages are divided among eligible relatives. While this often follows the intestacy structure, certain states may allow dependent parents or household members to share in the recovery even if a spouse or child survives.

At Marcari, Russotto, Spencer & Balaban, we help families understand who can file, who may be entitled to recover damages, and how to navigate the probate process that often accompanies wrongful death claims.

How Do You Know if You Have a Valid Wrongful Death Case?

To move forward with a wrongful death claim, your legal team must show that certain elements are present. These include:

• Duty of care: The responsible party had a legal obligation to act with reasonable care, such as a driver following traffic laws or a doctor providing appropriate medical treatment.
• Breach of duty: That obligation was violated through negligence, recklessness, or intentional misconduct.
• Causation: The breach directly resulted in your loved one’s death.
• Damages: The surviving family members experienced measurable losses, whether financial, emotional, or both.

Establishing these elements requires evidence. This may include accident reports, witness statements, medical records, financial documents, and expert testimony. At Marcari, Russotto, Spencer & Balaban, we thoroughly investigate each case, gather the necessary proof, and work to build a strong claim that reflects the full impact of your loss.

What to Expect at Your Free Consultation With Our Wrongful Death Lawyer

When you contact Marcari, Russotto, Spencer & Balaban, your first meeting is focused on listening to your story and understanding your family’s needs. We take the time to learn what happened, answer your questions, and explain how wrongful death laws apply to your situation. You will leave the consultation with a clear understanding of your legal options, potential damages, and the steps involved in moving forward. We will also review how our contingency fee arrangement works, so you know there are no upfront costs for our representation.

To make the most of your consultation, it helps to bring any documents or information that could support your case, including:

• The death certificate
• Police or accident reports
• Medical records related to the final injury or illness
• Photos or videos from the incident scene
• Financial records, such as tax returns or pay stubs
• Copies of communications with insurance companies

Even if you do not have all of these materials right away, we can help you obtain them. Our goal is to make the process as straightforward and stress-free as possible while giving you the information you need to make informed decisions for your family.

What Is the Cost to Hire a Wrongful Death Lawyer?

At Marcari, Russotto, Spencer & Balaban, we represent wrongful death clients on a contingency fee basis. This means there are no upfront costs to hire us. Our legal fees are collected only if we recover compensation for you, and they are calculated as a percentage of the final settlement. This arrangement allows you to focus on your family without the added stress of hourly billing or unexpected expenses.

From start to finish, our attorneys manage every legal detail so you can concentrate on healing and rebuilding. You will know where your case stands, and you will have a dedicated team protecting your legal rights at every step.

Statute of Limitations for Wrongful Death Cases

Every state sets a strict deadline, called the statute of limitations, for filing a wrongful death claim. Missing this deadline can result in your case being dismissed, no matter how strong your evidence may be.

Virginia

Virginia Code § 8.01-244(B) gives two years from the date of death to file a wrongful death lawsuit.

North Carolina

North Carolina General Statutes § 1-53(4) allows two years from the date of death to file, and the claim must be brought by the personal representative of the deceased’s estate.

South Carolina

South Carolina Code § 15-3-530(6) provides three years from the date of death to initiate a wrongful death action.

Beginning the process early helps your attorney preserve evidence, meet filing requirements, and build a strong case for compensation.

Who Pays for a Wrongful Death Lawsuit?

In most cases, compensation in a wrongful death claim comes from the negligent party’s insurance coverage. This may include auto liability insurance for vehicle accidents, product liability insurance for defective products, or commercial insurance for workplace incidents.

If the at-fault party is uninsured or underinsured, other possible sources of recovery may include:

• Uninsured or underinsured motorist coverage on the deceased’s policy
• Claims against multiple responsible parties
• Third-party liability, such as an employer, manufacturer, or property owner
• Personal or business assets of the at-fault party

What if My Loved One Was Partially at Fault?

Laws on shared fault differ by state, and these rules can have a major impact on a wrongful death case.

• Virginia: Virginia follows a pure contributory negligence rule. If the deceased is found even 1% at fault for the accident, the family cannot recover damages.
• North Carolina: North Carolina also applies the pure contributory negligence standard, meaning any degree of fault assigned to the deceased will bar recovery.
• South Carolina: South Carolina follows a modified comparative negligence rule. The family can recover damages if the deceased was 50% or less at fault, but the award will be reduced by the percentage of fault.

Because contributory negligence can completely block recovery in Virginia and North Carolina, and comparative fault in South Carolina can significantly reduce it, legal representation is critical. At Marcari, Russotto, Spencer & Balaban, we investigate every detail to minimize any fault attributed to your loved one and protect your right to pursue compensation.

What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?

A wrongful death claim allows surviving family members to seek compensation for both financial losses and the emotional impact of losing a loved one. These damages generally fall into these main categories:

Economic Damages

These are measurable financial losses caused by the death, which may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Lost income and benefits the deceased would have provided
• Loss of household services and financial support

Non-Economic Damages

These address the emotional and intangible impact of the loss, such as:

• Pain and suffering
• Loss of companionship, care, and guidance
• Mental anguish experienced by surviving family members

How Is Compensation Determined?

The amount of compensation in a wrongful death case depends on several factors, including:

• The age, health, and life expectancy of the deceased
• Their income and earning potential at the time of death
• The level of financial support they provided to dependents
• The extent of medical and funeral expenses
• Pain and suffering experienced before death
• The emotional and practical impact on surviving family members
• State-specific laws, including any limits on damages

Because each case is unique, there is no set formula for determining the value of a wrongful death claim. At Marcari, Russotto, Spencer & Balaban, we work with financial experts, medical professionals, and other specialists to calculate a fair and thorough assessment of your family’s losses.

Potential Options When the At-Fault Party Has Little or No Insurance

A lack of insurance does not always mean there is no way to recover compensation in a wrongful death case. Your attorney will look for every possible source of financial recovery, which may include:

• In Virginia, North Carolina, and South Carolina, wrongful death claims involving motor vehicle accidents may be covered under the deceased’s UM/UIM policy if the at-fault driver lacks sufficient insurance.
• Claims may be brought against employers, property owners, product manufacturers, or others whose negligence contributed to the death.
• If more than one party is responsible, compensation can be pursued from each, even if one is uninsured.
• In some cases, the at-fault party’s assets can be pursued to satisfy a judgment.

At Marcari, Russotto, Spencer & Balaban, we investigate all available coverage and assets to help your family have every opportunity to recover fair compensation, even when insurance is limited or missing entirely.

Your Family Deserves Justice. Talk to a Wrongful Death Lawyer Today.

If you have lost a loved one because of someone else’s negligence, you should not have to face the legal process alone. Our team at Marcari, Russotto, Spencer & Balaban understands the emotional and financial challenges families face after such a loss. We are here to listen, explain your options, and guide you every step of the way.

We offer free consultations and represent clients on a contingency fee basis, so you pay nothing unless we recover compensation for you. Call 855-435-7247 or reach out through our contact form to schedule a free case evaluation with a wrongful death attorney today.