Has your loved one passed away because of another’s carelessness? Alabama law provides surviving family members the right to pursue a wrongful death claim. However, the wrongful death law is unique. A Birmingham wrongful death lawyer helps families like yours navigate the process.
Your family deserves more than apologies. You need justice.
How the Wrongful Death Law Works in Alabama
Alabama’s wrongful death law is unique. Understanding how it works is the first step toward knowing your legal options.
In most states, wrongful death damages compensate the family for their financial and emotional losses. Alabama takes a different approach. Under Alabama Code § 6-5-410, wrongful death damages are punitive in nature. The focus is on punishing the at-fault party for their conduct, not on calculating specific losses.
This distinction matters in several important ways, including your potential compensation. Punitive damages consider the following elements:
- The recklessness or carelessness of the defendant
- Did the defendant act with a conscious disregard for human life
- Who your loved one was, and how they contributed to your family
You must also know about a critical procedural rule in Alabama. Only the personal representative of the deceased’s estate can file a wrongful death claim. The will names the representative, or a probate court appoints one. The representative is not automatically a spouse or parent.
If no estate has been opened, a personal representative needs to be appointed. Our Birmingham wrongful death attorneys can walk your family through the wrongful death process. We can also help you open an estate if needed.
Understanding the Alabama Statute of Limitations
Alabama gives families two years from the date of death to file a wrongful death claim. Two years may feel like a long time, but time passes faster than most grieving families expect. Unfortunately, if you miss that deadline, you may lose the right to pursue the case.
Also, waiting creates real legal risks that go beyond the deadline itself. Evidence fades and surveillance footage is overwritten. Witnesses move away or forget. Hire an attorney to protect your evidence for the strongest case possible.
Common Causes of Wrongful Death Cases in Birmingham
Many different accidents can trigger a wrongful death. In the Birmingham area, our team regularly handles a variety of wrongful death cases.
- Motor vehicle accidents, including car accidents, 18-wheeler crashes, motorcycle collisions, and pedestrian fatalities
- Medical malpractice, such as surgical mistakes, missed diagnoses, and incorrect medication
- Workplace accidents, especially in construction, manufacturing, and transportation
Other common causes include:
- Premises liability incidents, such as falls or unsafe property conditions
- Defective or dangerous products
- Nursing home neglect or abuse
- Criminal acts where civil liability also applies
Each type of case involves different liable parties, different evidence, and different legal strategies. Hiring a skilled wrongful death lawyer in Birmingham increases your chances of maximum compensation.
Who Can Be Held Responsible in a Wrongful Death Case
A Birmingham wrongful death lawyer identifies every potential party that may be responsible. More than one defendant is involved in many wrongful death cases. Potentially liable parties include the following:
- Individual drivers who caused a fatal accident
- Trucking companies whose negligence contributed to a crash
- Hospitals, physicians, and medical staff in malpractice cases
- Property owners failing to maintain safe conditions
- Manufacturers of defective products or equipment
- Employers whose safety failures led to a fatal workplace accident
The state awards any damages to the deceased person’s heirs per Alabama intestate succession rules. They’re most often the surviving spouse, children, or parents, based on the family’s specific circumstances.
Are you interested in a deeper look at how wrongful death calculations work? Read our guide on how wrongful death benefits are typically calculated.
Questions About Hiring a Wrongful Death Law Firm in Birmingham
What does a Birmingham wrongful death lawyer do?
A Birmingham wrongful death lawyer investigates the cause of death and identifies all liable parties. They also file the legal claim on behalf of the estate’s personal representative. Any skilled lawyer’s goal is to hold the at-fault party fully accountable.
Who can file a wrongful death lawsuit in Alabama?
Only the personal representative of the deceased’s estate can file a wrongful death claim in Alabama. That person is typically named in the will or appointed by a probate court. The award is granted to the deceased’s heirs under Alabama state law.
How are wrongful death damages calculated in Alabama?
Alabama wrongful death damages are punitive. These damages are determined by a jury and are based on the severity of the defendant’s negligence or recklessness. They’re not by calculating specific financial losses like funeral costs or lost income.
What types of cases does a wrongful death lawyer in Birmingham handle?
Wrongful death lawyers in Birmingham handle a variety of cases. Examples include car collisions, truck accidents, medical malpractice, workplace fatalities, defective products, premises liability, and other negligent situations.
Can I file a wrongful death claim if my loved one was partially at fault?
Losing a loved one is difficult enough without navigating a pure contributory negligence standard. Any potential fault could affect your family’s compensation. An experienced attorney can assess the specific facts and advise you on how this rule applies to your case.
Trust Our Wrongful Death Attorneys in Birmingham
Losing a loved one is never easy, but losing someone because of another’s negligence is particularly difficult. For more than 20 years, we’ve recovered more than $2 billion for families like yours. These numbers are a glimpse into our victories.
- $9,375,000 settlement for a wrongful death in an industrial accident
- $8,500,000 settlement for a wrongful death and catastrophic injury in an 18-wheeler accident
- $6,500,000 verdict for a wrongful death in an 18-wheeler accident
- $5,600,000 settlement for a commercial wrongful death
You only pay if we win. Book a free case review with our law firm today.
