If your family member died because of injuries from an Alabama car accident, you may have options for seeking compensation. Alabama makes it difficult to recover money damages through a wrongful death claim. However, a Madison fatal accident attorney from the Morris Bart law firm can manage all aspects of your case if you qualify.
We offer complimentary case assessments. A Madison car accident lawyer can discuss your loved one’s accident, injuries, and death with you for free today. We want to learn as much about your case as possible, so we can evaluate your options and explain your next steps. Let us see if we can help you and your family pursue a payout based on your economic and noneconomic losses.
Morris Bart & Associates, LLC Handles Madison Wrongful Death Cases
Our Madison fatal car accident lawyers understand how Alabama’s laws work and the damages potentially available to victims’ families. We understand how to build these cases and what it takes to recover compensation. We offer free case assessments, so you can learn if you might qualify.
The Morris Bart law firm has 16 offices and serves the four states across the Gulf South: Louisiana, Mississippi, Alabama, and Arkansas. We have fought for justice for our clients and their families for more than 40 years, with more than 5,800 personal injury cases won in 2021. Our testimonials from previous clients explain more about how we serve accident victims and their families.
Our team works based on contingency. When we believe we can help a client with their case, we agree to pay for the claim or lawsuit from start to finish. We’ll pay for the investigation and other steps necessary to build a strong case. We only charge attorney’s fees after we secure a payout, and our payment will be taken from your settlement or award. If you don’t win your case, you owe us no attorney’s feesthing.
For a free legal consultation with a Fatal Accident lawyer serving Madison, call 800-537-8185
Understanding Fatal Crash Cases in Madison, AL
Our Madison fatal accident attorneys at the Morris Bart law office know how Alabama’s wrongful death laws work. The state bars all compensatory damages in these cases. Instead, only punitive damages can be awarded.
Because of these rules, your Madison fatal car accident lawyer must show that the at-fault driver’s behavior was shocking, deliberate, or lacking any consideration for possible harm to others. This most commonly occurs with drunk or drugged drivers, but can also occur when the driver is racing, driving aggressively, or distracted.
According to the Alabama Department of Transportation (ALDOT), 932 fatalities occurred in collisions in the state in 2020. Common factors in these crashes included:
- Aggressive driving
- Driving under the influence of drugs or alcohol
- Driving on the wrong side of the road
Several of these causes could align with the bad behavior we need to show to recover wrongful death damages for our clients.
Only Punitive Damages Are Available in Madison, AL, Wrongful Death Cases
Under Alabama’s wrongful death law, Ala. Code § 6-5-410, only punitive damages are available in these cases. Punitive damages differ from compensatory damages in several significant ways:
- Punitive damages do not pay for the expenses and losses experienced. They are awarded as a deterrent to bad behavior rather than to compensate the surviving family members.
- Alabama’s punitive damages cap does not apply to wrongful death cases.
- Per Ala. Code § 6-5-391(c), Alabama distributes wrongful death punitive damages using intestate succession rules. This means the courts use complex rules usually reserved for what happens when someone dies.
Our Attorneys Represent Families of Those Who Died in Fatal Madison Crashes
When we believe there is enough evidence available to secure punitive damages based on your loved one’s crash, one of our Madison fatal car accident lawyers will discuss the next steps with your family. We can also assist you if your loved one passed away in a different type of accident such as a:
- Bicycle accident
- Motorcycle accident
- Pedestrian accident
- Truck accident
- Boat accident
- Bus accident
- Moped accident
- Scooter accident
Alabama law is specific about who can file wrongful death cases. Our attorneys can identify the personal representative who must lead this process.
It is important to know there is usually a two-year deadline that applies in these cases, although exceptions exist that could give you more or less time. We’d like to get started as early as possible to build a strong case and protect your rights.
What If My Loved One Filed a Lawsuit Before Their Death?
In some cases, a family member contacts us after their loved one’s death because the crash victim had already filed a personal injury lawsuit against the at-fault driver. When this occurs, we can help the family move through the process like a standard car accident claim. This is often called a survivorship case because the lawsuit survives the victim.
The decedent’s estate representative may also file a survival action if the victim incurred losses (such as medical expenses) between the accident and their death. For example, if they had surgery in an attempt to save their life before they passed away, the cost of that surgery may be recoverable.
Compensatory damages are generally available in survivorship cases. The estate will receive the proceeds of any settlement or court award, and compensation will be distributed among the decedent’s heirs.
Talk to a Fatal Accident Attorney in Madison About Your Case for Free
At the Morris Bart Law Firm, our Madison car accident attorneys review wrongful death accident cases for free. We know how to prove these cases and hold the liable parties responsible. We understand how Alabama law works and seek compensation for our clients based on it. Let us evaluate your case in legal options today for free.
Contact us on the phone or online. A Madison fatal accident attorney can respond to your inquiry right away.
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