You have legal options if you lose a loved one due to another party’s dangerous or negligent actions. A wrongful death lawyer from our team at Heninger Garrison Davis can provide your family with compassionate care as we explain your legal options.
Our firm has the legal staff and resources to provide top-notch, specialized representation to each client. When you hire our firm, your success becomes our mission. Find out more by contacting a personal injury lawyer from our team.
You can call or fill out our online contact form to get started.
Do You Qualify to File a Wrongful Death Claim?
Your family may have a chance to bring a wrongful death lawsuit if you lose a loved one due to another person’s negligent actions. Generally, your loved one’s estate may move forward if the negligent or reckless act caused the death of your loved one.
Some states allow family members to file a wrongful death claim directly. However, Alabama requires a court-approved personal representative to handle most wrongful death actions. Our team can review the laws applicable to your situation, helping you determine who can file a claim.
Are There Exceptions to the Regulations on Personal Representatives?
Generally, the personal representative for the deceased person must file a wrongful death claim in Alabama. However, if you lost a minor child, you may bring a suit as a parent. We understand the challenging process of pursuing legal action after a deadly accident, and we’re ready to help you throughout the process.
Who Receives Compensation After a Deadly Accident?
Alabama only grants financial compensation in the form of punitive damages, which serve as a way to punish the at-fault party for their wrongful actions. Our law firm can help you learn more about Alabama’s punitive damages and wrongful death laws. Your wrongful death attorney can review your situation and help you understand your options.
What Can You Use Punitive Damages to Cover?
Alabama does not restrict how families use punitive damages taken from responsible parties after fatal accidents. For example, you may use these funds to cover your loved one’s medical expenses and burial costs.
We know that losing a loved one can leave your family without financial stability. Punitive damages may indirectly help alleviate the strain caused by loss of income, loss of household services, and loss of inheritance.
Personal injury attorneys can help you learn more about this form of compensation after a wrongful death accident.
How Much Compensation do You Get Through a Wrongful Death Case?
Many states place a cap on the amount of compensation you can receive through a wrongful death claim. Alabama does not impose such a limit.
The financial compensation you receive from the liable party can vary significantly based on the circumstances surrounding your loved one’s death. We’re ready to discuss possible damages in your situation when you contact us for help.
How does a Wrongful Death Lawyer Help You?
Our team handles all aspects of wrongful death claims. We understand the turmoil of this challenging time and can assist you by:
Investigating the Causes of the Deadly Accident
Your wrongful death lawyer can perform a thorough investigation of the fatal accident. Our team can:
- Take photographs of the site of the accident
- Interview witnesses who saw the incident
- Get copies of any accident reports
- Look for relevant surveillance footage
- Gather your loved one’s medical records
- Work with expert witnesses to bolster your family’s claim
We use the investigation to find the negligent party and collect evidence that can strengthen your family’s wrongful death claim.
Handling Insurance Agents
A seasoned wrongful death attorney can speak with the insurance company on behalf of your family and negotiate a settlement. Our legal team has many years of experience that we can build on when handling a wrongful death settlement.
Filing a Lawsuit
Some families agree to settle out of court after a loved one experiences fatal injuries. However, the at-fault party may refuse to offer fair compensation. In this situation, your attorney may help you file a lawsuit.
We can handle all the legal details so that you can focus on your family’s emotional needs during this trying time. We work tirelessly to protect your family’s rights and ensure you get the compensation you need to move forward after a deadly accident.
What Kind of Wrongful Death Claims do We Handle?
Our team has the legal experience to handle wrongful death claims after many different kinds of accidents. You can contact us if you lost a loved one due to a:
Deadly Motor Vehicle Accident
We take these claims seriously and can help after wrecks involving distracted driving, drunk driving, and fatigued driving.
Dog Bite or Animal Attack
Animal attacks can have deadly results in Alabama. In some situations, you may have a chance to seek damages from the animal’s owner. We can help you file a civil lawsuit that may provide your family with compensation.
Slip and Fall Accident
Slipping and falling can have serious consequences. These accidents often result in fatal brain injuries caused by the negligence of property owners. We can help you if a loved one slipped on:
- A spill the property owner failed to clean up
- Cracked or damaged flooring
- Trash or debris left in a walkway
Poor lighting or lack of railing on stairs can also lead to deadly slip-and-fall accidents in Alabama.
Sometimes, individuals face deadly hazards on the job. Electrocution, falling, and exposure to toxic substances can all lead to fatalities on a job site. In this situation, you may seek damages.
However, Alabama often prohibits lawsuits against employers. Your attorney can review the situation to see if your family can file a claim against a third party involved in the accident. Find out more about this legal option by contacting us.
Manufacturers sometimes produce and sell products with deadly defects. We can help you pursue a civil lawsuit against the company that made or sold the product in this situation.
Property owners have a responsibility to provide warnings and an appropriate degree of protection around pools. If you lost a loved one in a drowning accident, you may qualify to receive damages.
We understand the effects of an unexpected death on your family and will focus on bringing you a fair settlement or handling your wrongful death lawsuit. Discuss options to handle your legal claim by contacting us today.
Doctors, nurses, and other hospital staff owe their patients a duty of care. If you lost a loved one due to negligence on the part of a healthcare professional, our law firm can help you hold the liable party responsible. Let a medical malpractice lawyer from our team review your situation to determine if you qualify to file a claim.
Why Select Our Team After a Deadly Accident?
Our team at Heninger Garrison Davis, LLC, has years of experience handling claims for families like yours. We’ve represented clients in all 50 states, giving us a solid foundation of legal knowledge to draw on when handling your claim.
We’re available 24/7, so you can contact us without worrying about the clock. We also offer video consultations so you can easily discuss your situation with a legal professional. We believe in standing behind our record and are proud to share that we’ve secured over $3 billion for clients like you.
We’ve earned recognition from Super Lawyers and Best Lawyers as well as a Preeminent Rating through AVVO. You can contact us after the untimely death of a loved one to find out how to seek maximum compensation from the party responsible.
What does a Wrongful Death Lawyer Charge?
An experienced attorney can help you handle accidental deaths caused by negligent behavior in Alabama. Our law firm takes on these claims using contingency pricing. This system means you only pay legal fees after we win your case. If we don’t recover compensation for your wrongful death case, you owe us nothing.
After bringing you compensation, the firm receives a percentage of the damages for your claim. Therefore, each case results in a different amount of legal fees.
We can provide you with specific information about our pricing for wrongful death claims when you contact us for a risk-free consultation.
How Long do You Have to File a Wrongful Death Claim?
You must proceed with your wrongful death claim before the statute of limitations expires. Generally, Alabama gives you two years from when you lost your loved one to begin the legal process in most cases, though exceptions exist.
Note that the statute of limitations for wrongful death claims does not necessarily start from the accident date. It’s essential to consider this factor when assessing the deadline to file your claim.
Our team can discuss the specific time limit you face when you contact us for assistance.
Contact a Wrongful Death Lawyer for Help After an Accident
If you lose a loved one, you can work with a wrongful death lawyer from our team at Heninger Garrison Davis, LLC. We respect your family’s needs during this challenging time and stand ready to represent you in and out of court.
Take the next step in resolving your claim by calling or filling out our online contact form.
How We Can Maximize Your Claim
One of the most important things a personal injury attorney can do to help their client’s case is to perform a thorough investigation of the accident. We can take photographs of the site, interview witnesses, and gather evidence in order to prove that another party’s negligence caused your injuries. Our seasoned insurance lawyers can speak with the insurance company on your behalf and negotiate a settlement, or file a lawsuit if necessary. We can handle all the legal details so that you can focus on recovering from your injury.
We work tirelessly to make sure your rights are protected and that you get the compensation you deserve.
Personal Injuries Which May Be Eligible For Compensation
Every year, thousands of Americans are bitten by animals — most often dogs. In many cases, a person bitten by an animal may have a legal right to recover damages from the animal’s owner or another responsible party. Many jurisdictions have leash laws that require an owner to restrain their pet. Their failure to do so may increase their liability for injuries the pet causes. In the case of an animal attack at a house, the owner’s homeowners insurance is often responsible for paying a claim.
About 1.4 million people in the United States suffer burns each year. Burn injuries are very complex and can affect all the major organ systems. A burn victim may suffer damage to the skin, lungs, nerves, tissues, or other vital areas. Injuries may be minor, or could require serious medical treatment, reconstructive surgery, or even lifelong care in severe cases. A frequent cause of burns is accidental fires resulting from faulty wiring, oil and gas leaks, or human error. Other causes may include scalding liquids or steam, contact with something hot, contact with chemicals, electrocution, or radiation.
Typical homeowners insurance provides limited coverage for personal injuries or property damage to others for which you or members of your family living with you may be legally responsible. If a house guest slips on a rug, your pet attacks a postal worker, or someone has an accident in your pool, homeowners insurance may cover the damages. Your policy will describe what types of claims are covered, and coverage may vary by state, policy type, and insurer.
Any establishment that sells, serves, or assists in the purchase or use of liquor (i.e. dram shop) opens its doors for a liability claim as a consequence of someone getting drunk to the extent that they cause injury or property damage. This includes restaurants, bars, nightclubs, and taverns. Although, in many cases, the inebriated person is financially liable for the damages they cause, the business that served the alcohol could be held responsible for injuries, damages, or both that occurred as a result of the actions of a patron who drank too much. Establishments that serve alcohol may carry liquor liability insurance in case a customer injures someone in a car accident or a fight, or a minor is mistakenly served alcohol.
A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity’s property. In some states, property owners are required to make a reasonable effort to maintain a safe environment for visitors. Other states have more complicated requirements for owners based on the duty of care that the owner owes to the person who was injured.
Common situations that may give rise to premises liability lawsuits include:
- Animal and dog bites
- Trip and fall accidents
- Dangerous property conditions
- Broken or wet pavement or flooring
- Inadequate or nonexistent security
- Poor swimming pool conditions/lack of signage
- Inadequate property maintenance
- Conditions hazardous to children
In a premises liability case, the plaintiff must prove that the owner was negligent in some way in their maintenance of the property.
Sexual abuse refers to any type of illegal or coerced sexual conduct against another individual. A variety of different offenses fall into this category, which is not limited to physical contact alone. Sexual abuse includes acts of sexual harassment, rape, indecent exposure, forcing another individual to view or participate in pornography, and contributing in any way to the commercial sexual exploitation of children. A victim of sexual abuse may be able to bring a civil claim against another party for subjecting them to such abuse or allowing such abuse to occur under their supervision. The victim may be able to recover damages from a successful lawsuit for physical harm as well as emotional or psychological trauma.
Many personal injury cases involve a person tripping and falling to the ground, either because the ground is wet, pavement is uneven or broken, or something caused the victim to lose their balance. These cases usually fall under a property owner’s premises liability.
In order to hold a property owner responsible, the owner must either have caused the problem that led to the accident, must have known about the problem and done nothing to fix it, or it must be found that a “reasonable” person in charge of the property should have known about the problem and solved it.
Workers’ compensation benefits are guaranteed without regard to fault for an employee’s injury. However, in exchange for the guarantee of benefits, an employee loses the right to sue his or her employer in civil court for personal injuries.
Workers’ compensation usually does not cover injuries that are adequately treated by first aid and injuries that occur outside the scope of employment (such as during a commute or when the employee is out to lunch.) If the employee is injured away from the workplace, but within the scope of their employment, however, their injuries may be covered.
The general rule for injuries sustained on the job is that the only compensation an injured employee can recover after a workplace accident is through their employer. There may be exceptions to this limitation if the injury occurred because of the employer’s intentional misconduct, because the employee was injured outside the scope of their work duties, or if the employer lacks workers’ compensation insurance. Such a lawsuit may allow the employee to recover a full range of damages that are not available in the workers’ compensation system, such as pain and suffering and punitive damages.
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Types of Personal Injury Compensation
Your attorney will be able to give you a better idea of the compensation available for your own injuries when you meet to discuss your case.
Frequently Asked Questions
A: Suing a government agency or department can be tricky because there are often stricter time limits and specific rules that must be followed. Many state laws provide immunity from liability for state and city government entities with regard to personal injury suits. It’s crucial to have an experienced attorney representing you in these complex cases.
A: The most important thing after an accident is to seek medical attention, even if you don’t think you’re injured or your injuries don’t seem that bad. Not only might you have a concussion or internal damage that could become worse if left untreated, you also need to see a doctor in order to file a claim or a lawsuit. If you don’t get medical treatment, the insurance company may try to argue that you weren’t injured at all.
You should report the accident to the property owner, and take pictures of the scene and your injuries if possible. Speak to witnesses and get their contact information, but be careful about making any admissions or assertions. Contact an experienced personal injury lawyer right away to begin an investigation.
A: Many states operate under comparative negligence, a rule that allows plaintiffs to collect even if their negligence contributed to an accident. Their compensation is reduced by the level of their negligence. A few states still use the contributory negligence rule, however, which bars any compensation for a victim if they were even slightly to blame.
Speak With An Experienced Personal Injury Attorney Today
Even if you feel you are not ready to file a suit, consult one of our knowledgeable accident lawyers as soon as possible so that you will know your options. We do not charge any fees up front. In fact, we will only charge attorney’s fees if we obtain a financial settlement for you. If you don’t win, we won’t get paid a legal fee.