Nothing is more devastating than losing a loved one, but when the death is caused by another person’s careless or reckless actions, it only amplifies the grief and anger felt by the family. If you recently lost a family member due to the negligence of another, you are most likely seeking compensation and justice. A knowledgeable and compassionate Birmingham wrongful death lawyer from Alabama Personal Injury Lawyers, LLC can help you get that justice. Contact us today for a free case evaluation.
Wrongful death is loosely defined as any time a person loses their life due to the negligent or intentional act of another. Wrongful death can occur in a wide range of circumstances, including auto accidents, falls from heights, work accidents, and more. Our Jefferson County personal injury lawyers are dedicated to helping the families of wrongful death victims in pursuit of compensation and justice, and we stand ready to help you as well.
In Alabama, only the personal representative of the deceased person’s estate can file a wrongful death claim. This is usually someone who is appointed by the probate court or named in the deceased person’s will. The personal representative acts on behalf of the surviving family members who are entitled to inherit from the estate. These may include the spouse, children, parents, siblings, or other relatives of the deceased person.
The personal representative has two years from the date of death to file a wrongful death claim in Alabama. If they fail to file within this time limit, they may lose their right to sue and recover compensation.
The requirements that personal representatives need to meet when filing a wrongful death action in Alabama are outlined in Section 6-5-410 of the Alabama Code. This section of the law also addresses which family members are entitled to receive financial compensation (if the family’s wrongful death claim is successful), and makes clear that, “[t]he damages recovered are not subject to the payment of the debts or liabilities of the [victim].”
The wrongful death statute addresses where personal representatives must file claims as well, stating that, “the action may only be filed in a county where the deceased could have commenced an action . . . if the alleged wrongful act, omission, or negligence had not caused death.” While the law is complicated, we are here to help, and an experienced Birmingham wrongful death lawyer at our firm can assist with asserting your family’s legal rights effectively.
We handle wrongful death cases involving all types of fatal accidents in Alabama. If you have tragically lost a loved one in a fatal accident, our wrongful death attorneys can fight to ensure that the responsible party is held fully accountable. Some examples of the types of cases we handle include:
Our wrongful death attorneys represent personal representatives and families after fatal car, pickup truck and SUV accidents across Alabama. Whether your loved one’s fatal accident was the result of speeding, distracted driving, drunk driving, or any other driving mistake, our attorneys can work to gather the evidence needed to prove what happened and seek justice for your loved one’s death. While this may involve filing a claim under the at-fault driver’s auto insurance policy, there are several other possibilities as well.
Collisions involving commercial trucks have a much higher fatality rate than collisions between “normal” vehicles. We handle wrongful death lawsuits involving 18-wheelers, delivery trucks, dump trucks and all other types of large commercial trucks in Alabama. While the trucking company or delivery company will be legally responsible in many cases, there are several other possibilities as well, and promptly conducting a thorough investigation is the first step toward assessing and asserting your family’s legal rights.
Despite common perceptions, most motorcycle accidents are not the rider’s fault. Instead, most motorcycle accidents happen when careless and reckless drivers put riders in harm’s way. If you have lost a loved one in a fatal motorcycle accident in Alabama, a Birmingham wrongful death lawyer can help you understand your legal rights, calculate the financial compensation your family is entitled to recover, and fight to recover this compensation on your family’s behalf.
Slip and trip accidents, falls from heights, elevator and escalator accidents, swimming pool accidents, and other fatal premises-related accidents will also give rise to wrongful death claims in many cases. If you have tragically lost a loved one in a fatal accident on private or public property in Alabama, we strongly encourage you to speak with one of our wrongful death attorneys about filing a claim. Finding out if your family has a claim costs nothing; and, if we can seek just compensation on your family’s behalf, we will do so at no out-of-pocket cost to you.
We handle fatal product-related accident cases as well. Despite manufacturers’ legal duty to sell products that are safe for their intended use, many products sold both in stores and online are defective. When defective products cause fatal injuries, manufacturers can—and should—be held fully accountable. We handle wrongful death cases involving all types of defective products, from children’s toys and furniture to home appliances and vehicle components.
No one deserves to lose their life on the job. Sadly, fatal workplace accidents are far too common. We handle cases involving fatal workplace accidents at construction sites, warehouses, industrial facilities, healthcare facilities and other workplaces across Alabama. Whether you need to file a workers’ compensation claim or you have a claim against a company other than your loved one’s employer, our attorneys can fight to recover the maximum compensation available on your family’s behalf.
Alabama law holds dog owners strictly liable when their dogs attack innocent victims. If you have lost a loved one in a fatal dog attack, our attorneys are prepared to do everything we possibly can to seek justice for your loved one’s death. We have extensive experience handling dog attack cases in Alabama, and we rely on this experience when representing families who have lost loved ones too soon.
If you are thinking about speaking with a lawyer about filing a wrongful death claim, it will be important for you to understand what you can expect during (and after) the process. With this in mind, where is what you can expect when you hire a Birmingham wrongful death lawyer at our firm to represent you:
Every case starts with a free, no-obligation consultation. We invite you to come to your free consultation with a list of questions, and we encourage you to write down as many details about your loved one’s fatal accident as possible. During your free consultation, one of our wrongful death attorneys will provide a preliminary assessment of your family’s legal rights, and your attorney will walk you through your next steps if you decide to move forward.
You can expect to receive personalized legal advice throughout the process. Our attorneys work directly with personal representatives and other family members, providing advice that is custom-tailored to their specific circumstances. Your attorney will help you make informed decisions about everything from whether to file a wrongful death claim to how much financial compensation you should seek for your loved one’s untimely death.
If you decide to pursue a wrongful death action, we will represent you and your family at no out-of-pocket cost. This means that you will pay nothing while your family’s claim is pending. If we help your family secure a settlement or verdict, we will recoup the costs of pursuing your family’s claim, and our legal fees will be calculated as a percentage of the amount we recover on your family’s behalf. We will discuss this fee structure with you in detail during your free consultation.
We do what we do because we are passionate about helping accident victims and their families. If your family has a wrongful death claim, we will focus on your family’s best interests—seeking to recover just compensation for your loved one’s passing as efficiently as possible. If a settlement offer is on the table, we will help you understand whether accepting the offer is the best choice for your family long-term.
Regardless of the outcome of your family’s wrongful death case, our attorneys can also provide guidance for the future. If your family’s case is successful, our attorneys will assist with distributing the settlement or verdict to the appropriate family members, and we can assist with locating resources for financial management and coping with loss if desired. If your family’s case is not successful for any reason, we can help you decide whether it makes sense to file an appeal.
With decades of experience representing grieving families in Alabama, we have a long record of success recovering just compensation for our clients. While past results do not reflect what your family’s case is worth—and while success is never guaranteed—here is a look at some of the results we have achieved for our clients:
From the nature of the accident to the insurance coverage that is available, numerous factors can influence the value of a wrongful death claim. In all cases, however, working closely with an experienced Birmingham wrongful death lawyer is critical for seeking the maximum compensation that is available. When you choose to work with an attorney at our firm, your attorney will help you understand how much your family may be able to recover, and then you can use this information to decide how you want to proceed.
If you have questions about your family’s legal rights after a fatal accident in Alabama, scheduling a free consultation is your next step. Our attorneys are available to help, and we are more than happy to schedule a call or in-person meeting whenever it is convenient for you. With that said, time could be of the essence, so we encourage you to contact us right away.
To win a wrongful death claim, you’ll need to first satisfy the burden of proof. Put simply, this means you’ll need to prove your loved one lost their life as a direct result of another party’s careless or intentional act. This isn’t always easy, which is why it is imperative that you have a seasoned wrongful death lawyer in your corner who can help you gather and present evidence. Valuable types of evidence can include:
The amount and type of compensation you can recover from a wrongful death claim depend on the specific circumstances of your case. However, some of the common categories of damages you may be eligible for include:
No family should have to deal with the untimely and preventable death of a loved one on their own. We are here for you and your family. We are here to fight for justice. Contact Alabama Personal Injury Lawyers, LLC today to schedule your free case evaluation with our dedicated legal team.
Here at Alabama Personal Injury Lawyers, LLC, we believe injured workers should be informed of their rights and understand how the workers’ compensation process works. Tracy W. Cary, Esq. wrote the book on workers’ compensation in Alabama so people just like you can save time and mitigate the stress of a workplace injury.
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