Montgomery Wrongful Death Lawyer

Montgomery Wrongful Death Attorney

Losing a loved one is one of the most devastating experiences anyone can face. When that loss is due to the negligence, recklessness, or wrongful actions of another party, it can feel even more overwhelming.

Families left behind may struggle not only with grief but also with questions about justice, accountability, and how to move forward. In these moments, seeking the guidance of a Montgomery wrongful death lawyer may provide a sense of direction and support.

Compassionate Help for Families Seeking Justice

If you have lost a family member in an accident in Montgomery, Alabama, the Alexander Shunnarah Trial Attorneys team is here to help. We understand the pain you’re going through, and our compassionate attorneys are committed to standing by your side as you navigate the legal process of a wrongful death claim.

In Alabama, wrongful death cases are unique in several ways, and having a personal injury attorney who understands both the law and the emotional toll of these cases is critical.

Wrongful Death Statistics in Alabama

According to data from the Alabama Department of Public Health, unintentional injuries are one of the leading causes of death in the state, particularly among younger individuals. In 2021, there were over 3,000 deaths attributed to unintentional injuries, with many of these resulting from car accidents, workplace incidents, and other preventable causes.

In Alabama, motor vehicle accidents remain one of the most common causes of wrongful deaths, with hundreds of fatalities occurring on Alabama roads each year. These statistics highlight the ongoing need for accountability and justice when negligent actions lead to the death of a loved one.

Wrongful Death Claims vs. Survival Actions

When a loved one dies due to the wrongful actions or negligence of another party, the family may be entitled to pursue legal action to seek justice and compensation. However, families often encounter two legal avenues that can be confusing: wrongful death claims and survival actions.

While both involve the death of an individual, they differ significantly in terms of the damages sought and the party entitled to pursue the claim. Working with an attorney who understands the differences in these types of claims is of utmost importance for families navigating the legal process in Alabama.

Wrongful Death Claims: Focus on the Family’s Losses

A wrongful death claim is filed on behalf of the surviving family members who have been affected by the death. In Alabama, wrongful death claims are specifically designed to hold the at-fault party accountable for their actions.

One unique aspect of Alabama’s wrongful death law is that it focuses exclusively on punitive damages, which are intended to punish the responsible party for their wrongful conduct and deter similar future actions.

This means the family cannot recover compensatory damages for things like medical bills, funeral expenses, or the deceased’s lost income. Instead, the court awards damages based on the severity of the misconduct and the need to punish the wrongdoer.

Survival Actions: Continuing the Deceased’s Personal Injury Claim

A survival action, on the other hand, is a continuation of the deceased person’s personal injury claim. The idea behind a survival action is that if the deceased had survived the injury, they would have had the right to pursue legal action for the pain and suffering they endured due to the defendant’s actions.

In essence, a survival action allows the deceased person’s estate to step into the individual’s shoes and seek damages for the harm the individual experienced before death. In Alabama, survival actions are typically brought in cases where the deceased person survived for a period after the injury but later died due to the resulting complications.

Choosing the Right Legal Strategy with Alexander Shunnarah Trial Attorneys

At Alexander Shunnarah Trial Attorneys, we understand how overwhelming it can be to navigate these legal distinctions while grieving the loss of a loved one. We thoroughly investigate the circumstances of your case, including reviewing medical records, accident reports, and witness statements, to build a strong case that reflects the true impact of the loss.

Depending on the details of your case, we may recommend pursuing a wrongful death claim to hold the responsible party accountable or a survival action to seek compensation for the deceased’s pain and suffering. By working with Alexander Shunnarah Trial Attorneys, you are partnering with a legal team dedicated to achieving justice for your family.

What Types of Accidents May Result in a Wrongful Death Claim?

A wrongful death case arises when a person dies due to the negligence or misconduct of another person, company, or entity. These cases can result from a variety of accidents or situations, including:

• Car Accidents: Fatal collisions caused by reckless driving, distracted driving, or driving under the influence.
• Truck Accidents: Catastrophic injuries in accidents involving 18-wheelers, heavy trucks, buses, and other commercial vehicles.
• Medical Malpractice: Negligent care from doctors, nurses, or healthcare facilities leading to a preventable death.
• Workplace Accidents: Fatal injuries that occur due to unsafe working conditions or defective equipment.
• Premises Liability: Deaths caused by hazardous conditions on someone else’s property, such as slip-and-fall accidents or drowning.
• Product Liability: Deaths caused by defective products that fail to meet safety standards.

While wrongful death cases share similarities with other personal injury claims, they are distinct in several significant ways. In wrongful death claims, the injury results in a fatality, and the focus shifts from the injured party to the surviving family members who are left to seek justice on their behalf.

What Compensation Is Available in a Wrongful Death Claim?

Wrongful death claims seek compensation not for the victim but for the losses experienced by the surviving family members. These cases revolve around the emotional, financial, and practical impact the death has had on the family.

Unlike other states, Alabama’s wrongful death compensation is focused on punitive damages. This differs from most states, where families may be compensated for their own economic and non-economic losses, such as funeral costs or loss of income.

Alabama’s wrongful death laws are designed to hold the negligent party accountable, punish their wrongful conduct, and deter similar actions in the future rather than compensate the family directly for their losses.

Punitive damages can vary greatly depending on the facts of the case. The court will consider the degree of negligence or misconduct involved in the death and how egregious the behavior was.

Although Alabama law does not provide direct compensation for the family’s grief or economic losses, punitive damages can be substantial in certain cases, and a skilled personal injury attorney will know how to present evidence in the most compelling way possible.

Who Can Bring a Wrongful Death Claim in Alabama?

In Alabama, only the personal representative of the deceased person’s estate can file a wrongful death claim. This specific role may be designated in the deceased’s will or appointed by the court.

While the personal representative is responsible for filing the lawsuit, the damages recovered in the claim are distributed to the estate’s heirs, such as the deceased’s spouse, children, or parents. If your family has lost a loved one, contact an attorney who can help you determine who should act as the personal representative and ensure that your family’s rights are protected throughout the legal process.

When Might a Wrongful Death Case Go to Court?

While many wrongful death claims are settled out of court, there are situations where a personal injury lawsuit may need to be filed and taken to trial. Some circumstances that may require going to court include:

• Disputed Liability: If the at-fault party denies responsibility for the death, litigation may be necessary to establish fault and seek damages.
• Low Settlement Offers: Insurance companies may offer inadequate settlements that don’t reflect the severity of the misconduct. In such cases, taking the case to court may result in a better outcome for the family.
• Complex Evidence: In cases involving medical malpractice, product liability, or other complex legal issues, a trial may be the best way to ensure all evidence is fully presented and considered.

At Alexander Shunnarah Trial Attorneys, we are trial lawyers with extensive experience taking cases to court when necessary. While we strive to settle cases efficiently and fairly, we will not hesitate to go to trial to fight for justice for your family.

How to Choose a Lawyer for Your Wrongful Death Case

When facing the devastating loss of a loved one, choosing the right lawyer can make a significant difference in your ability to find justice and closure. Here are some factors to consider when selecting a wrongful death attorney:

• Experience with Wrongful Death Claims: Not all personal injury cases are the same, and wrongful death claims require specific knowledge of Alabama’s wrongful death statutes and the strategies needed to pursue punitive damages.
• Trial Experience: While many cases settle out of court, it’s essential to have an attorney who is prepared to take your case to trial if necessary. Trial experience can be crucial in securing the maximum compensation available under Alabama law.
• Compassion and Communication: The emotional toll of a wrongful death case can be immense, and you need an attorney who not only understands the legal complexities but also provides compassionate support throughout the process.
• Local Knowledge: A local attorney familiar with Montgomery’s courts, judges, and legal procedures can provide valuable insights and advantages in your case.

Why Choose Alexander Shunnarah Trial Attorneys?

At Alexander Shunnarah Trial Attorneys, we are deeply committed to helping families in Montgomery who have lost a loved one due to someone else’s negligence. We understand the profound grief you are experiencing, and our goal is to provide not only legal representation but also compassionate support during this difficult time.

Our team of trial attorneys has extensive experience handling wrongful death cases in Montgomery and across Alabama, and we are prepared to fight for the justice and accountability your family deserves.

The Benefits of Hiring Our Montgomery Attorneys

Working with a local lawyer offers several benefits for families dealing with the loss of a loved one:

• Familiarity with Local Courts: A local attorney can help move your case through the legal system more efficiently.
• Understanding of Local Laws: Alabama’s wrongful death laws are unique, and a local attorney will understand how these laws apply to your case.
• Accessibility: A local lawyer is more accessible for meetings, consultations, and updates, providing the support you need throughout the case.

How Long Do I Have to File a Claim for Wrongful Death in Alabama?

The statute of limitations is one of the most critical legal aspects to consider when filing a wrongful death claim in Alabama. Simply put, the statute of limitations sets a legal deadline by which a claim must be filed. Failing to meet this deadline can result in the case being dismissed, barring the family from seeking justice.

In Alabama, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person’s death. Acting within the allotted time preserves the family’s right to pursue compensation.

Special Circumstances That May Affect the Statute of Limitations

While the general rule in Alabama is that wrongful death claims must be filed within two years, there are a few exceptions and special circumstances that could extend or shorten the time frame. An experienced personal injury lawyer understands these exceptions and will make sure your claim is filed on time.

• Claims Against Government Entities: If the wrongful death involves a government entity or employee, such as in the case of a fatal accident caused by a government vehicle or negligence in a public hospital, a shorter timeframe may apply. In Alabama, claims against municipalities or state agencies often have a much shorter statute of limitations, sometimes as short as six months from the date of death.
• Discovery of Cause of Death: In some cases, the cause of death may not be immediately apparent. For example, if a wrongful death is caused by medical malpractice or exposure to toxic substances, the family may not learn the true cause until later. In certain situations, Alabama law may allow the statute of limitations to begin when the cause of death is discovered rather than the actual date of death.
• Minors and Incompetent Individuals: If the deceased’s personal representative is a minor or legally incapacitated, the statute of limitations may be “tolled” (paused) until they reach the legal capacity to file the claim.
• Cases Involving Fraud or Concealment: If the defendant intentionally concealed evidence related to the wrongful death or committed fraud to prevent the family from discovering the true cause of death, the statute of limitations may be extended.

A Compassionate Montgomery Wrongful Death Attorney is Waiting to Help You at Alexander Shunnarah

Losing a loved one is never easy, and when someone else’s negligence causes their death, the emotional and financial toll can be overwhelming. At Alexander Shunnarah Trial Attorneys, we are here to support you through this difficult time and help you pursue justice for your family. Our compassionate team of Montgomery personal injury lawyers will stand by your side, guiding you through every step of the legal process and fighting to hold those responsible accountable.

We understand the complexities of Alabama’s wrongful death laws and are committed to securing the punitive damages your family deserves. Whether your case is resolved through negotiations or requires going to court, we will do everything we can to protect your rights and seek justice for your loss.

Contact us today to schedule a free consultation and discuss your legal options. Let us help you take the next step toward justice and peace of mind during this challenging time. Together, we can work to ensure that those responsible for your loved one’s death are held accountable. Call our Montgomery, AL, law firm at 334-489-2163 or contact us online.

Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers – Montgomery Office

504 S Perry St
Montgomery, AL 36104

Ph: (501) 817-9699