Losing a loved one is always difficult, but when their death was caused by someone’s negligent actions, your grief may be compounded with feelings of anger and frustration. Fortunately, Alabama allows family members of those killed in acts of wrongful death to hold the responsible parties accountable.
The Morris Bart law firm defends Alabama families in wrongful death cases. Birmingham wrongful death lawyers can be the resource you need to get through this painful time.
What Qualifies as Wrongful Death?
After your loved one’s death, you may be wondering if it qualifies as a wrongful death case. Wrongful death can occur in many ways. According to Alabama Code § 6-5-410, whenever an individual or organization’s negligence causes someone else’s death, the surviving family members may have an actionable wrongful death case.
One way to think of a wrongful death case is a personal injury incident where the victim dies from their injuries. Common causes of wrongful death include:
- Traffic accidents: When a negligent driver breaks traffic laws and causes a deadly collision.
- Medical malpractice: When a healthcare provider performs below a reasonable standard of care and causes the patient’s death. This can include a surgical accident, prescribing the wrong medications, or other negligent medical acts.
- Defective products: If a manufacturer knowingly releases a product that causes a customer to lose their life, like a faulty airbag, they may be liable in a wrongful death case.
- Slip and fall: When a property manager ignores a hazard in their store, apartment, office building, parking lot, or other space that leads to a fall and the victim’s death.
Our wrongful death attorneys can discuss the possible outcomes of your case and give you advice on the next steps with a free case consultation.
For a free legal consultation with a Wrongful Death lawyer serving Birmingham, call 800-537-8185
What Compensation Can I Get in a Wrongful Death Case?
The exact compensation available in your family’s wrongful death case will depend on several factors. Unlike many other states, Alabama law does not allow surviving family members to recover expenses directly related to their loved one’s death, such as funeral costs, medical bills, and loss of protection.
Rather, the damages in an Alabama wrongful death claim are strictly punitive. This means the compensation your family may receive is commensurate with how badly the courts decide the responsible party behaved.
This can be a frustrating rule for families seeking wrongful death compensation. To get answers about what punitive damages may be available in your case, you may want to consult with a wrongful death attorney in Birmingham.
Birmingham Wrongful Death Lawyer Near Me 800-537-8185
Who Can File a Wrongful Death Claim in Alabama?
In Alabama, only the personal representative, or executor, of the deceased person’s estate can file a lawsuit for wrongful death. Sometimes someone appoints an executor in their will. In the case that there is no executor outlined, someone appointed by an Alabama probate court will assign a personal representative.
If you have been designated as the representative of your loved one’s estate, you have a great deal of work set out for you. An Alabama wrongful death lawyer can help you with the responsibilities that come along with your case.
While you deal with grief and the weight of your loved one’s death, we can make sure they get justice and their estate gets the compensation it deserves.
How a Birmingham Wrongful Death Lawyer Can Fight for Your Family
When you hire a Birmingham wrongful death attorney to represent your family’s case, we will handle building a strong claim that is based on the evidence. While we work, your family can take time to grieve and regroup. We can answer your questions, discuss possible outcomes of your case, and keep you informed throughout the process
How We Prove Wrongful Death Through Negligence
Our lawyers will gather evidence of wrongful death, with a focus on evidence that demonstrates the other party’s negligence. Proving negligence is essential to show that your loved one’s death was caused by someone else.
We will also hire medical professionals, accident reconstruction specialists, or other experts to make statements in defense of your family’s rights. With the help of an attorney, you will have solid evidence to back up your claim.
We Can Negotiate With the Insurance Company
Your personal injury lawyer will negotiate directly with the defendant’s insurance company on your behalf so you can get the settlement you deserve.
What Happens if Your Wrongful Death Claim Goes to Trial
If the defendant’s insurance company is not willing to make you a fair and reasonable offer based on the evidence we provide, we will take them to court. This is unlikely, but in the event that you do go to trial, we will fight for you.
Our firm can handle these responsibilities, and more, on a contingency-fee-basis. This means you pay us nothing up-front to retain our services and put us to work. We only collect payment from our clients if they receive a settlement or award in court.
Complete a Free Case Evaluation form now
When You Should Act on a Wrongful Death Claim
According to Alabama Code § 6-2-38, the statute of limitations in a wrongful death case is two years. This means, in most cases, that you only have two years from the date of your loved one’s death to file a wrongful death lawsuit on behalf of their estate. If this time period expires, you may lose your legal right to compensation.
There may be other legal deadlines in your case. We recommend contacting a law firm as soon as possible when considering a legal death action. Our Birmingham team can outline the legal deadlines and timeframes for your case when you call for a free consultation.
Call a Wrongful Death Attorney from Morris Bart & Associates, LLC, Today
At the Morris Bart law firm, we believe that preventable deaths are unacceptable, and that negligent parties that cause them should be held accountable. Not only does a wrongful death claim stand to provide compensation for your family, but the punitive damages imposed on the defendant can help end negligent behavior and prevent future deaths.
Do not let negligent parties get away with wrongful death unpunished. Consultation calls with our Birmingham wrongful death lawyers are free, and you can get answers about your case immediately.
to find a Morris Bart office near you.