Losing a loved one due to someone’s negligence or wrongful actions can cast a long shadow over the surviving family members. In these tragic circumstances, the sense of injustice can be overwhelming. However, a wrongful death lawyer in Montgomery, AL, can help you fight for justice and your family’s financial security.
If you have experienced the untimely death of a loved one, please accept our sincere condolences. At Heninger Garrison Davis, we understand the profound grief you may be experiencing. Our Montgomery personal injury attorneys offer compassionate legal assistance during this challenging time. Call our law firm today to discuss your legal options.
Types of Accidents that Can Lead to Wrongful Death
Under Alabama law, wrongful death is legally defined as a situation in which the wrongful act, omission, or negligence of another party causes an individual’s death. Wrongful death cases can encompass a wide range of scenarios.
As experienced Montgomery wrongful death attorneys, we have handled a wide range of fatal accidents, including:
- Car accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Injuries caused by defective products
If you believe someone’s negligence or recklessness caused your loved one’s death, discuss your case with our legal team. Even if the deceased person was involved in a different type of fatal accident, we may still be able to help you pursue a wrongful death action.
For a free legal consultation with a wrongful death lawyer serving Montgomery, call us today (205) 326-3336
Who Can File a Wrongful Death Lawsuit in Montgomery?
In Alabama, only the executor, also called the personal representative, can file a wrongful death claim. This person is responsible for executing the victim’s estate. The deceased person may have appointed a personal representative prior to death. However, if they did not, the probate court would name someone to fulfill the role.
If the deceased victim was a minor, their parents could pursue a wrongful death lawsuit within six months after the minor’s death. Once the six-month period passes, the decedent’s personal representative has to take legal action.
This avenue is available if the deceased individual would have been eligible to initiate a lawsuit for the same wrongful act or negligence had it not resulted in death.
Punitive Damages for Alabama Wrongful Death Cases
Wrongful death laws in Alabama focus on the defendant’s wrongful actions that led to the untimely death of an individual. These laws aim to hold individuals, corporations, or entities accountable for their negligence, recklessness, or intentional misconduct. This perspective is also reflected in the recoverable wrongful death damages.
Most states award compensatory damages in wrongful death cases to reimburse the victim’s family for their losses. These usually cover burial expenses, the cost of medical care, loss of financial support, and other losses caused by the loved one’s death. However, Alabama is unlike other states regarding wrongful death awards.
Alabama allows only punitive damages for wrongful death cases (compensatory damages cannot be recovered). Punitive damages serve as a form of financial penalty specifically designed to punish wrongful conduct and deter others from engaging in similar behavior.
While punitive damages are capped for most personal injury cases, there is no limit on the amount recoverable for wrongful death cases. Working with a wrongful death lawyer at Heninger Garrison Davis will increase your chances of holding the at-fault party accountable and recovering a fair award.
The Wrongful Death Award’s Distribution
In Alabama, the court oversees the distribution of the wrongful death award per the state’s intestacy laws. Since the decedent’s personal representative filed a lawsuit on behalf of the estate and the surviving family members, the heirs will receive the award.
It is important to note that the heirs specified by state laws might be other than the beneficiaries named in the victim’s will. During the award’s allocation, the surviving children and spouse receive priority.
Our wrongful death attorneys in Montgomery, AL, will help you navigate the complex process of award distribution. We will help you understand how state laws impact your family’s future.
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File a Lawsuit Under Alabama’s Statute of Limitations
The statute of limitations refers to the time frame for legal action against the defendant. In Alabama, the deadline for filing a wrongful death case is typically two years from the date of the victim’s passing. Failure to adhere to this timeline may result in the forfeiture of your right to pursue a wrongful death claim.
If your loved one was severely injured or died due to someone else’s negligence, seek immediate legal assistance to protect your right to financial recovery. An attorney can help build an evidence-based case and file all the necessary documents on time. The sooner you seek legal representation, the more time your lawyer will have to strengthen your case.
Call a Montgomery Wrongful Death Attorney Today
While no amount of money can truly replace the life taken, pursuing legal action is a way to hold the negligent party accountable for their actions. It’s a step toward honoring the memory of the deceased loved one and finding closure.
The legal team at Heninger Garrison Davis will offer compassionate legal guidance, allowing you to focus on grieving. Together, we can help protect your family’s financial security. Contact our wrongful death lawyers in Montgomery, AL, to discuss the details of your case.