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 Birmingham wrongful death lawyer 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.
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:
- Car accident lawyers
- Bicycle accident lawyers
- Medical malpractice lawyers
- Motorcycle accident lawyers
- Pedestrian accident lawyers
- Truck accident lawyers
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.
For a free legal consultation with a wrongful death lawyer serving Birmingham, call (205) 326-3336
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 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.
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.
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.
We will be by your side if you decide to proceed throughout the legal process. You can take charge with a Birmingham wrongful death lawyer.
Heninger Garrison Davis, LLC, 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.