Birmingham Wrongful Death Lawyer
If you have lost a loved one, please accept 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 attorney in Birmingham, AL, will help protect the memory of your loved one by holding the negligent party accountable.
At our law firm, we understand that you may feel vulnerable during this challenging period. Trust our Birmingham personal injury lawyers to provide compassionate legal support throughout your wrongful death case. Your well-being and pursuit of justice are our priorities. Call us today to schedule a legal consultation.
Common Accidents that Can Lead to Wrongful Death Claims
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 deceased person could have pursued a personal injury lawsuit had they survived the accident.
Since we opened our law firm in 2006, we have handled a wide range of fatal accidents, including:
- Motor vehicle accidents
- Truck accidents
- Pedestrian accidents
- Medical malpractice
- Defective products
Please keep in mind that the above list presents only a few examples, so don’t hesitate to contact us if your loved one has died under different circumstances. Our experience in handling different types of accidents helped us craft effective legal strategies that can apply to different scenarios.
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. The deceased’s will may name a representative. However, if they did not appoint one, the court selects 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 from the date of death. After this period, it becomes the executor’s responsibility to file a wrongful death claim.
How to Prove a Wrongful Death Case
Working with an experienced wrongful death lawyer in Birmingham, AL, will increase the chances of a favorable outcome for your claim. Your attorney will use all available evidence to prove the extent of the defendant’s liability, 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. This refers 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.
The wrongful death lawyers at Heninger Garrison Davis will 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 are dedicated to constructing a robust case on your behalf.
Recoverable Wrongful Death Damages in Alabama
Alabama wrongful death laws center on the at-fault party’s actions (or lack of) that caused the fatal accident. This approach underscores the importance of accountability. Furthermore, In seeking to address the defendant’s actions, Alabama’s legal framework provides a means for the surviving family members to seek justice.
Recoverable wrongful death damages in most states include compensatory damages, which compensate surviving family members for the losses they suffered. Thus, they can recover funeral expenses, medical bills, loss of companionship, and more. However, Alabama follows a different approach.
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. This means that there is no limit on 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.
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 wrongful death attorney promptly to ensure your case is filed within the prescribed period. Furthermore, the sooner you seek legal representation, the more time your attorney has to build an evidence-based case.
Contact Birmingham Wrongful Death Lawyers Today
As your attorneys, we will present your legal options and the possible outcomes for your case. However, you will decide whether to move forward with the claim. Don’t worry; we’ll give you all the information you need to make an informed decision. If you decide to proceed, we will be by your side throughout the legal process.
Heninger Garrison Davis offers compassionate legal guidance to grieving family members. We are committed to providing the support you need to seek justice for your loved one’s passing. Contact us today to start planning an effective legal strategy.
