Losing a family member in a fatal car wreck can be as financially detrimental as it is emotionally and psychologically devastating. Unexpected deaths come with additional financial strains that can leave you feeling like there’s no way out.
If a negligent driver caused a car accident and your loved one died, your family may be entitled to compensation. A Montgomery fatal car accident attorney can help you file a wrongful death lawsuit. Our personal injury law firm serving clients in the Montgomery area wants to help you through this difficult time.
When Fatal Car Accidents Take Place
According to the National Highway Traffic Administration (NHTSA), car crashes happen every minute of the day. Over 37,000 people are killed in car accidents every year. Fatal car accidents happen for a variety of reasons, such as:
- Not wearing a seat belt
- Drinking and driving
- Driver fatigue
- Defective products
- Hazardous road conditions
The average funeral cost in Alabama is $7,353 or $4,298 for cremation. Many families struggle to pay these unexpected expenses. Our law firm can find solutions for you after an avoidable accident claims your loved one’s life.
For a free legal consultation with a Fatal Car Accident lawyer serving Montgomery, call (334) 523-0664
Compensation Available for Fatal Accident Survivors in Montgomery, AL
In a lot of states, the surviving family of someone who died in a car accident can receive compensatory damages if the court deems that the defendant acted negligently. These include things like replacement income, medical bills, etc.
This isn’t the case in Alabama. Instead, Alabama law only allows for punitive damages, which aren’t necessarily tied to financial hardship. Punitive damages are used moreso as a punishment for the defendant rather than compensation for the victim.
This is both good news and bad news for your claim. The good news is that punitive damages are often higher than compensatory damages, as compensatory damages are tied to provable monetary losses. The bad news is that you won’t be able to collect both, which you can in some states.
Fortunately, our wrongful death lawyers are well-versed in this area of proceedings and are positioned to get you the most we can out of the punitive damages to make up for the financial losses you’ve sustained.
Who Can File a Wrongful Death Lawsuit After a Montgomery Auto Accident?
Some states allow family members of the deceased to bring forward a wrongful death lawsuit, but that’s not the case in Alabama.
Alabama law is more restrictive, only allowing the estate executor to file such a lawsuit. The executor will be listed in the deceased’s will, but not everyone has a will – especially in cases like car accident deaths.
If there’s no will, the court appoints an executor to the case – often the closest living relative. This is one area where Alabama is different from other states and part of the reason an Alabama wrongful death lawyer is so important.
Alabama’s Statute of Limitations Laws Limit the Time You Have to File
A negligent driver can do permanent damage to your family. However, under Alabama Code § 6-2-38, you have the right to file your lawsuit within two years of your loved one’s accident. If you let the statute of limitations expire, your case likely will be dismissed.
Under certain circumstances, exceptions may apply. Our Montgomery personal injury law firm can review your case to determine which deadline applies.
Working With Our Montgomery Fatal Car Accident Attorney
A sudden death in the family can cause distress, confusion, and anger. A fatal car accident attorney in Montgomery can simplify the process, address your concerns, and ensure you don’t miss any critical deadlines to fine.
We Can Meet You Where You Are to Discuss the Accident
If you were also in the car accident and sustained injuries, you may not be able to travel. Our Montgomery car accident attorneys can come to you, speak over the phone, or meet via video conference. Our team can:
- Investigate the cause of your loved one’s fatal car crash in Montgomery, AL
- Identify liable parties and prove their negligence
- File your wrongful death lawsuit
- Communicate with an insurance adjuster on your behalf
- Negotiate an insurance settlement
- Take your case to court, if necessary
When you work with our law firm, you get the benefit of legal experience. We have obtained favorable results for our clients seeking justice after their loved one suffered fatal injuries in an accident caused by negligence.
Proving Negligence in a Montgomery Fatal Car Accident Case
Our injury attorneys can work to establish how negligence caused your loved one’s accident. Generally, we must show how your case demonstrates the following standard elements that prove carelessness took place.
- Duty of care: The liable party owed a duty to your loved one to act reasonably and follow all traffic rules and laws to keep others on the road safe.
- Breach of duty: The liable party’s actions or inactions failed to uphold this duty.
- Causation: This breach directly caused the accident that fatally wounded others.
Our fatal accident attorneys will review the facts and circumstances of the collision and determine if these elements are present in your case and how we can develop your legal strategy. You can reach out to us today for a free consultation. We are ready to hear from you.
Get Legal Help from Our Montgomery Fatal Accident Lawyer Today
At Morris Bart & Associates, LLC, we understand the challenges facing your family after a fatal collision. To help relieve your financial burden, we work on a contingency fee basis. This allows you to benefit from help from a fatal car accident lawyer in Montgomery without paying out-of-pocket costs up front.
We know starting a wrongful death action can seem daunting. When you work with our injury law firm, you have the legal expertise your case deserves. Learn how we can help you through this emotional time during a free, no-obligation case review.
Questions?Call (334) 523-0664
to find a Morris Bart office near you.