Wrongful Death Lawyer in Birmingham, AL

Name: Wrongful Death
Brand: Heninger Garrison Davis, LLC
Rating: 5 (736 reviews)

If you have lost a loved one, we offer our deepest sympathies. The untimely death of a family member is a tragic event that can leave lasting scars on those left behind. A wrongful death lawyer in Birmingham can help protect the memory of your loved one by holding the negligent party accountable.

At Heninger Garrison Davis, LLC, we understand you may feel vulnerable during this challenging period. Trust our Birmingham personal injury lawyers to provide compassionate legal support throughout your wrongful death case. Our priorities are your well-being and the pursuit of justice. Call us today to schedule a legal consultation about your family’s situation.

Wrongful Death Overview

Our Wrongful Death Lawyers Handle a Wide Range of Cases

If someone’s negligence or wrongful actions claimed the life of your loved one, there may be grounds to pursue a wrongful death lawsuit. As experienced lawyers, we will review the circumstances surrounding the tragic event and determine if you have a valid claim.

A wrongful death action is generally a viable option if the negligent or reckless conduct caused or contributed to the death. Since we opened our law firm in 2006, we have handled a wide range of fatal accidents, so we can adapt our legal strategy to fit the unique details of your case.

Our legal team in Birmingham includes:

Please don’t hesitate to contact us if your loved one has died under different circumstances than the practice areas mentioned above. Our experience handling various accidents helped us craft effective legal strategies applicable to numerous scenarios.

We can identify the negligent actions that resulted in a deadly accident and help you understand wrongful death laws as you build your legal claim for fair compensation for your family.

What Clients Say

“I didn’t even think I had any recourse.”

Lew Garrison represented me in defamation of character case that I didn’t even think I had any recourse in. I couldn’t have been happier with the results or the communication that Lew kept throughout the process. If the rest of these guys are anything like Lew, then that’s a hell of a bunch of guys you need on your side!

—Bill Freise

“In a time of darkness and uncertainty in our family.”

This law firm brought us light! Working with Steve Heninger gave my husband and I the confidence and comfort we needed to navigate uncharted water. He and his paralegal Pam made us feel like family. They worked incredibly hard to help us receive the results we so desperately sought. Professionalism mixed with compassion makes this law firm a must have for anyone seeking quality representation. Thank you so much for helping us get through such a difficult time in our lives. We will forever be grateful!!

—Julie Isbell

“Exceptional client service and expertise.”

I had a great experience with Heninger Garrison Davis, LLC. The entire team is incredibly friendly and approachable. The attorneys are knowledgeable and dedicated, always taking the time to explain everything clearly. I highly recommend them for their exceptional client service and expertise.

—Grace Simms

“I felt that I was in great hands.”

From the first time talking to this law firm, I felt that I was in great hands. They assumed me that everything would be taken care of. I didn't have to worry about anything, they would keep me updated on everything upcoming and any changes. I never had to call about any updates. I really appreciate there service. I recommend these to anyone who's looking for a great firm. Thank ya’ll for outstanding job on my case.

—Yvette Hightower

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Contact Us Today.

The sooner you take action, the better your chances for a favorable resolution.

(659) 222-4880 Free Consultation

Who Can Pursue a Wrongful Death Action in Birmingham?

When a victim dies due to someone’s wrongful or negligent act, the decedent’s personal representative (or executor) can take legal action, according to Ala. Code § 6-5-410. Family members may only file wrongful death lawsuits if appointed as personal representatives. The deceased’s will may name a representative. However, if they did not appoint one, the court approves a person for this position.

One exception from this rule is if the decedent is a minor child. In this case, the victim’s father or mother has an opportunity to file a claim within six months of the date of death. After this period, it becomes the executor’s responsibility to file a wrongful death claim.

What Damages Do You Receive From the Responsible Party?

In most states, recoverable wrongful death damages include compensatory damages. In these states, families can recover funeral expenses, medical expenses, loss of companionship, and more. However, Alabama takes a different approach to wrongful death compensation.

In Alabama, courts can only award punitive damages in wrongful death claims. These serve a different purpose than compensatory damages, as they aim to punish the defendant and deter similar behavior in the future.

It is important to note that Alabama does not cap punitive damages for wrongful death lawsuits, so there is no limit to how much you can recover. Working with an experienced Birmingham wrongful death attorney is crucial to ensure you receive the maximum award for your case.

Who Receives Damages After a Wrongful Death Accident?

After a successful case, families receive wrongful death settlements according to Alabama’s intestate succession laws. These laws also determine who will receive a deceased person’s estate if they did not have a last will and testament. Under Alabama’s intestacy laws, wrongful death damages go to family members as such:

If the victim was married but didn’t have any living parents or children, their spouse would obtain the entire wrongful death award.
If the decedent was not married but did have children, the children would get the settlement to share equally.
If the deceased victim is married with children from the same marriage, the spouse would get the initial $50,000 of the settlement and half of what is left. The children claim the remainder of the settlement award and divide it among themselves.
If the decedent is married but has kids from outside the marriage, the current spouse can claim 50% of the settlement, and the rest will go to the children.
When the victim is married and has parents but no children, the spouse gets the initial $100,000 and 50% of the remaining amount. The decedent’s parents will get what is left.
If the deceased victim was unmarried and didn’t have kids, the parents would obtain the entire award.
When the decedent has no spouse, children, or parents, any of the decedent’s siblings could receive the award.
When no relatives qualify, the next closest family members will get the settlement (grandparents, grandchildren, uncles, aunts, cousins, nieces, and nephews).

Our legal team can assist you in gaining a better understanding of Alabama’s punitive damages and laws related to wrongful death. A Birmingham wrongful death lawyer can review the specific details of your case and help you make informed decisions about your claim.

What Does it Cost to Hire a Wrongful Death Attorney?

Our team handles wrongful death claims on a contingency fee basis, so you’ll only have to pay us for legal fees once we resolve your claim and help you secure financial compensation for your family. You can learn more with a free initial consultation. We understand all the pressures you may face in this difficult time and stand ready to represent your best interests by providing personalized legal advice and guidance.

How to Prove Negligence in a Wrongful Death Case?

Working with an experienced wrongful death lawyer can increase the chances of a favorable outcome for your claim. Your attorney will use all available evidence to prove negligence, highlighting the direct link between their actions and the victim’s death. To prove a wrongful death lawsuit, your attorney will have to prove the following key elements:

DUTY OF CARE

The at-fault party owed a duty of care to the victim. We use this term to refer to the legal obligation an individual owes to others to act reasonably and prudently to prevent foreseeable harm or injury.

BREACH OF DUTY

The defendant did not uphold their duty of care. For example, if a product manufacturer does not follow the safety protocols when producing merchandise, they can be held liable for the injuries or deaths caused by a defective product.

CAUSATION

The breach of duty caused the victim’s death. This element sets a direct link between the defendant’s actions (or lack thereof) and the loss of life. It involves demonstrating that the fatal incident could have been prevented if the liable party had fulfilled their duty of care.

A wrongful death attorney can use a wide range of evidence to prove the at-fault party’s negligence. By meticulously examining relevant documentation, witness testimonies, and other types of evidence, we dedicate ourselves to constructing a robust case on your behalf.

Alabama Has a Time Limit for Filing a Wrongful Death Lawsuit

Under Alabama’s statute of limitations, you generally have two years to file a wrongful death claim after the victim’s date of death. Failing to initiate the claim within this window may result in the forfeiture of your right to seek legal recourse.

Consult a knowledgeable attorney immediately to ensure your case moves forward within the prescribed period. Furthermore, the sooner you seek legal representation, the more time your attorney has to build an evidence-based case.

Why Choose Heninger Garrison Davis to Handle Your Wrongful Death Case in Birmingham?

Since 2006, HGD Law Firm has represented families in personal injury and wrongful death cases, helping them navigate the legal process during some of life’s most challenging moments. While we handle cases nationwide, we prioritize personalized guidance and support for each family. By working with our team, you gain access to the resources of a nationwide practice along with 24/7 support, ensuring every aspect of your case is handled with care. Over the years, we have secured more than $3 billion in compensation for clients and their families.

We understand the emotional and financial impact of losing a loved one due to someone else’s negligence. That’s why our team maintains open communication throughout your case, helping you understand your options and guiding you every step of the way. We work on a contingency basis, so you pay nothing unless we successfully resolve your claim.

Recognitions and Achievements:

Past President, Alabama Association of Justice & Alabama Civil Justice Foundation
“AV Preeminent” Rating, Martindale-Hubbell
Board Certification as a Civil Law Trial Advocate, National Board of Trial Advocacy
Named “Top 50 Lawyers in Alabama,” Super Lawyers
Lawyer of the Year, Best Lawyers

If your family has lost a loved one due to someone else’s negligence, contact us today for a free consultation to seek justice and the compensation your family deserves.

Learn More About Our Attorneys

Contact Our Birmingham Wrongful Death Lawyers Today

During your private consultation, our empathetic and thoughtful legal team will answer all your questions with care and precision, ensuring you fully understand our legal strategy to recover the maximum compensation in your case. We assign each client a designated case coordinator who sends critical case updates via text and email, eliminating guesswork, waiting, and uncertainty. While we have a relentless drive to win cases, we also value the client’s experience along their legal journey and take steps to optimize your peace of mind as you navigate the challenges ahead. Call today to get started with one of our wrongful death attorneys in Birmingham.

Wrongful Death FAQs

How long will it take to settle my wrongful death case?

The timeline for settling a wrongful death case can vary depending on the complexity of the case, the availability of evidence, and whether the claim goes to trial. Some cases settle in a few months, while others may take a year or more. A skilled firm like Heninger Garrison Davis can help move the process forward efficiently while building a strong case.

What happens if the person who caused the wrongful death is deceased?

If the responsible party has passed away, you may still be able to pursue compensation through their estate. The legal process can be more complex, but one of our experienced wrongful death attorneys can guide you through the necessary steps.

If criminal charges have already been filed, can I still file a wrongful death claim?

Yes. A wrongful death claim is a civil matter, separate from any criminal proceedings. You can file a claim even if criminal charges are pending or if the person was acquitted. The civil burden of proof is lower than in criminal court, which can still allow for compensation.

What should I look for in a wrongful death lawyer?

Look for a lawyer with experience in wrongful death cases, strong trial skills, and a compassionate approach. A firm like Heninger Garrison Davis brings decades of experience, personal attention, and a reputation for standing up to powerful opponents on behalf of grieving families.

Is there a difference between wrongful death claims and “survival of claims?”

Yes. There is a difference between wrongful death and survival claims. Under Alabama law, a wrongful death claim seeks only punitive damages—intended to punish the wrongdoer and deter reckless behavior—regardless of the decedent’s financial status. This reflects the state’s view that every human life has equal value. In contrast, a survival claim seeks compensation for damages the deceased suffered before death, such as pain and suffering. In some cases, both types of claims may be pursued together.

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