A man, who was walking his dog on the intersection of Prosperity Church Road and Loganville Drive, was struck by a vehicle and later died from his injuries. The driver of the vehicle is being charged with driving while impaired (DWI). The dog was taken to Animal Care and is recovering from a broken hind leg.
The 65-year-old driver was arrested at the scene and taken to a local hospital for B.A.C. testing. After his blood tested positive for alcohol, he was taken into the Mecklenburg County Intake Center.
Here, there is a potential North Carolina wrongful death action. In wrongful death cases, there are two potential types of benefits. The first is a “survival action” where the decedent lives for even an instant before death; where witnesses at the scene or autopsy results are vital. If proven, the decedent’s estate is entitled to medical bills, funeral expenses, and pain and suffering. The second type of benefit, which does not go through the estate is a loss of support, services, and companionship (loss of consortium) and goes directly to the family members.
If you have lost a loved one, and qualify under the statute for a loss of consortium claim, or think you may, contact the law offices of Reeves, Aiken & Hightower, LLP. For a consultation, contact our Baxter Village office located in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.