Marcari, Russotto, Spencer & Balaban
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Wrongful Death

Experienced and Determined Wrongful Death Attorneys

In the worst times, call on the best help — our wrongful death lawyers

It is always difficult to deal with the loss of a loved one. While the law can never fully compensate you for your loss, an action for wrongful death may be necessary to ease the financial burdens placed on your family by the negligent actions of another. At Marcari, Russotto, Spencer & Balaban, we have experience working with families who have had to deal with the painful experience of losing a loved one. Our staff is here to listen to your concerns, provide you with options, and, if necessary, take the appropriate legal action.

What is wrongful death?

Wrongful death occurs when an individual loses his or her life because of negligence, misconduct, recklessness, or inaction of another person, company or entity.

Usually the executor or administrator of the decedent's estate, or relative acting as an administrator, brings the claim in a civil action. The recovery is distributed to the decedent’s close relatives, as specified by state law, not by the terms of the decedent’s will. State laws vary as to who can bring wrongful death actions and what damages are compensable.

Learn about wrongful death laws in your state

  • Wrongful death actions in Virginia

    In Virginia, a personal representative of the decedent can bring a wrongful death action within two years of the death. Virginia law allows beneficiaries to claim damages that include:

    • Sorrow and mental anguish
    • Loss of the decedent’s society, companionship, comfort, guidance and advice the decedent provided
    • Compensation for loss of income, services, protection, care and assistance the decedent provided
    • Medical expenses related to the decedent’s injuries prior to death
    • Funeral expenses
    • Punitive damages for a defendant’s willful harm or reckless disregard for the safety of others

    We can help you determine if you have a viable wrongful death claim.

  • Wrongful death actions in South Carolina

    In South Carolina, only the executor or administrator of the estate of the deceased person can bring a wrongful death claim on behalf of the deceased person’s surviving family members. The law allows damages for:

    • Pecuniary loss
    • Mental shock and suffering
    • Wounded feelings
    • Grief and sorrow
    • Loss of companionship
    • Deprivation of use and comfort of intestate's society

    The executor or administrator distributes the proceeds from the verdict or settlement according to the wrongful death statute: if the spouse or children are alive, to them; and if not, to the parents if alive; and if not, to the heirs. We can help you determine if you have a viable wrongful death claim.

  • Wrongful death actions in North Carolina

    In North Carolina, a personal representative of the decedent can bring an action for wrongful death. Damages, according to General Statute §28A-18-2 are:

    • Expenses for care, treatment and hospitalization of the decedent due to the injury that led to death
    • Compensation for the decedent’s conscious pain and suffering
    • Reasonable funeral expenses
    • Monetary value of the decedent to the persons entitled to receive damages, including net income, services, protection, care and assistance; society, companionship, comfort, guidance, kindly offices and advice of the decedent
    • Punitive damages if malice or willful or wanton conduct is proven against the defendant
    • Nominal damages when the jury so finds.

    The representative must distribute the damage award to beneficiaries according to state law. We can help you determine if you have a viable wrongful death claim.

Contact an experienced wrongful death attorneyContact A Local Office

Successful and significant recovery requires strong legal support

Because of the severity of a wrongful death case and the many complex issues surrounding it, decisive action by an experienced attorney is necessary for a successful and significant recovery. Our attorneys have handled and litigated many wrongful death cases and made significant recoveries on behalf of the loved ones left behind when these senseless tragedies occur.

Call on our compassionate law firm to examine your options

If you have lost a loved one as a result of someone else's negligence, call Marcari, Russotto, Spencer & Balaban at (888) 351-1038 or contact us online for a free consultation. We serve clients in North Carolina, South Carolina & Virginia.

Contact A Local Office

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