If another person’s negligent actions caused your loved one’s death in Mobile, AL, the estate may be able to recover compensation to hold the at-fault party accountable. A Mobile wrongful death lawyer from the Morris Bart law firm may be able to help.
The team from the Morris Bart law office in Mobile will review your case at no cost to your family during a free initial consultation. We can answer your questions, determine if you are eligible, and explain how these cases work in Alabama.
Pursuing Compensation for the Death of a Family Member in Mobile
A Mobile wrongful death lawyer from the Morris Bart law firm may be able to pursue your claim or sue the liable party on behalf of your family. During your free consultation, we can explain if you are eligible to file this type of action. Only the estate can take legal action after a wrongful death in Mobile. All money damages are paid to the estate, as well.
Damages You Can Seek
Alabama’s wrongful death laws are somewhat unusual. Under case law, only punitive damages are recoverable through a wrongful death claim or legal action. This was reaffirmed in 2012 by the State Supreme Court in Hall v. Coastal Anesthesia, P.C.
In this type of legal action based on the death of a loved one, you will not be able to recover any financial or intangible compensatory damages. Instead, wrongful death actions build a case against the at-fault party and seek to hold them responsible for the death.
Many states allow families to seek damages that include medical care, lost wages, pain and suffering, and other expenses and losses. The only damages available in Alabama are those that penalize the wrongdoer for their actions.
When Can a Loved One’s Estate Start a Wrongful Death Action in Alabama?
Under the wrongful death laws, Ala. Code §6-5-410, the estate of a person who died can take legal action when:
- There is evidence to prove the other party acted negligently or carelessly
- Their wrongdoing caused the victim’s accident and injuries
- The victim died from their injuries
In any case, when the victim who died would have had a potential personal injury claim had they survived, their estate may be able to seek wrongful death damages. This includes many types of injury incidents and accidents, including:
- Car accidents
- DUI and DWI collisions
- Motorcycle crashes
- Pedestrian accidents
- Tractor-trailer collisions
- Construction accidents
- Medical malpractice injuries
- Slip and fall cases
- Other premises liability accidents
- Defective products injuries
If you have questions about who can take action on behalf of the estate, whether you have a case, or what you need to do to get started, the Morris Bart law office in Mobile wants to speak with you about your case. Let us evaluate the strength of your case and explain how we may be able to help.
Alabama’s Wrongful Death Claims Deadline Could Affect Your Right to File
As with personal injury claims under Ala. Code §6-2-38, the wrongful death statute in Alabama gives you two years to sue the party for the death that occurred because of their wrongdoing. Many steps must occur before you are ready to begin a lawsuit, so it is best to contact our law firm as soon as you can following the death of your loved one.
This includes investigating the death, identifying the at-fault party or parties, developing a strong case, and attempting an out-of-court settlement.
Only the personal representative listed in the estate plan or named by the state can sue the at-fault party in a wrongful death action. If they fail to do so before the deadline arrives, they could lose the right to sue later.
Speak with One of Our Mobile Attorneys About Your Loved One’s Death
At the Morris Bart law firm, our team wants to help families who lost a loved one because of another person’s wrongdoing. Like you, we want to ensure those who took your family member’s life are held responsible for what they did and prevent similar action in the future.
Let us review your case today for free. Call (251) 298-8380.
Questions?Call (251) 298-8380
to find a Morris Bart office near you.
