Birmingham Wrongful Death Lawyer

Birmingham Wrongful Death Lawyer

In Alabama, wrongful death refers to a legal claim brought when a person dies due to the negligence, recklessness, or intentional wrongdoing of another party. The purpose of a wrongful death claim is to seek justice and compensation for the deceased’s survivors who have suffered as a result of the death.

If you recently lost a loved one in an accident resulting from someone else’s gross negligence or recklessness, the Birmingham Personal Injury Lawyers at Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers can help. Our experienced and compassionate attorneys can pursue the punitive damages that you deserve by filing a timely wrongful death claim or lawsuit.

For a free case evaluation and legal consultation with an experienced Birmingham wrongful death attorney, please call us at (205) 894-3513 or contact us online.

Birmingham, al practice areas

• Birmingham Bicycle Accident Lawyer
• Birmingham Brain Injury Lawyer
• Birmingham Car Accident Lawyer
• Birmingham Commercial Vehicle Accident Lawyer
• Birmingham Motorcycle Accident Lawyer
• Birmingham Pedestrian Accident Lawyer
• Birmingham Personal Injury Lawyer
• Birmingham Rideshare Accident Lawyer
• Birmingham Truck Accident Lawyer
• Birmingham Wrongful Death Lawyer

Why Choose Us?

Losing a loved one is never easy, especially when this loss results from the grossly negligent or intentional acts of another person. At Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers, we will fight hard for your rights in pursuit of the compensation that you and your family need at this difficult time. Our experienced lawyers have recovered millions of dollars in compensation on behalf of injured accident victims over the years, and you can see our most recent client testimonials here.

How Much Is a Birmingham Wrongful Death Case Worth?

The worth of a wrongful death claim or lawsuit in Birmingham, Alabama, can vary greatly depending on the specifics of the case.

In Alabama, wrongful death claims differ from those in many other states. Here, the law allows for only punitive damages, which are meant to punish the wrongdoer rather than compensate the family for their losses. This means that the court focuses on the behavior of the at-fault party (defendant) rather than the financial losses the survivors suffered. As a result, the amount recoverable in a wrongful death case can be unpredictable. It largely depends on how egregious the defendant’s actions were. For instance, if extreme negligence or intentional harm caused the wrongful death, the court may award a larger sum to make an example of the defendant and deter similar conduct in the future.

Alabama law does not provide for specific compensatory damages such as loss of income, medical bills, or pain and suffering for the deceased’s family. This is a significant difference from other states, where these types of damages often form the basis of a wrongful death claim.

The exact amount of wrongful death damages in Alabama can vary widely depending on the circumstances of the case – including the level of misconduct by the defendant and the jury’s view on the matter. Given the complexity of Alabama’s wrongful death laws, it’s crucial for families pursuing such a claim to consult with one of our experienced attorneys. At Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers, we can navigate the legal process, gather necessary evidence, and advocate for the maximum possible award, considering the punitive nature of damages in Alabama.

Types of Occurrences That May Lead to a Wrongful Death Claim in Birmingham

In Birmingham, Alabama, wrongful death can occur due to various types of negligence, where someone’s careless or reckless actions lead to another person’s death. These tragic incidents often stem from preventable accidents that may have been avoided if proper care had been taken. Below are some common occurrences that may lead to wrongful death due to negligence:

Car accidents are one of the leading causes of wrongful death in Birmingham. When a driver acts negligently – by speeding, texting while driving, running red lights, or driving under the influence – they put others at significant risk. Fatal accidents often result from these reckless behaviors, leading to devastating consequences for the victims’ families.

In addition, many jobs, especially in industries like construction, manufacturing, or transportation, involve significant risks. Employers have a legal obligation to ensure that their workers operate in a safe environment. However, when safety regulations are ignored, equipment is improperly maintained, or workers are not provided with the necessary safety gear, fatal work injury accidents can occur. Examples include falls from heights, equipment malfunctions, and exposure to hazardous materials.

Another source of wrongful death can be dangerous or defective products. Manufacturers, distributors, and retailers have a duty to ensure that the products they sell are safe for consumer use. When a product has a design flaw, manufacturing defect, or inadequate warnings, it can lead to fatal accidents. This negligence can include defective car parts causing a crash, faulty electrical appliances leading to fires, or unsafe children’s toys resulting in choking hazards.

Property owners have a responsibility to maintain a safe environment for visitors. If they fail to fix hazardous conditions or warn visitors about dangers on their property, they can be held liable for wrongful death. Examples include fatal slip-and-fall accidents, drowning in unsecured pools, or deaths resulting from inadequate security measures leading to violent crimes.

Finally, accidents involving commercial trucks are particularly dangerous due to the size and weight of these vehicles. Negligence on the part of the truck driver, such as driving while fatigued, distracted, or impaired, can result in fatal collisions. Additionally, trucking companies may be liable if they fail to properly maintain their vehicles or enforce safety regulations.

Who Is Eligible To File a Wrongful Death Claim in Birmingham, Alabama?

In Alabama, only the personal representative of the deceased’s estate (sometimes called the executor if a will exists) has the legal authority to file a wrongful death claim. This specific rule is an important part of Alabama’s wrongful death laws and determines who can seek legal redress when someone dies due to another party’s negligence.

The personal representative is a person the probate court appoints to manage the deceased’s estate. This role involves handling various responsibilities, such as paying off debts, distributing assets, and addressing legal claims against the estate. When it comes to wrongful death claims, the personal representative is the only person legally authorized to file the lawsuit on behalf of the deceased’s estate and beneficiaries.

This process starts with the probate court appointing a personal representative –  especially if there is no will. If a will names an executor, that individual will take on the role of personal representative. The personal representative acts as the legal voice of the deceased’s estate and ensures that any legal actions, including wrongful death claims, are handled correctly.

The personal representative files the wrongful death claim to seek damages for the loss of life due to negligence. However, the damages awarded do not go directly to the personal representative. Instead, they are intended for the beneficiaries of the estate, such as the deceased’s spouse, children, or other dependents. The personal representative is responsible for managing these funds and ensuring that they are distributed according to the law and the wishes of the deceased if specified in a will.

This system ensures that wrongful death claims are handled in a structured manner, with one person managing the estate’s legal matters and representing the deceased’s interests. It also helps prevent multiple lawsuits or claims by different family members, streamlining the legal process and providing a clear path for seeking justice and compensation.

Legally Proving a Wrongful Death Case in Birmingham, Alabama

In an Alabama wrongful death claim, proving the case involves specific legal elements. Here is what needs to be established to seek punitive damages:

• Proof of Wrongful Death – First, you must show that the death occurred due to the wrongful act of another party (the defendant), which means demonstrating that the defendant’s actions directly caused the death. Although Alabama does not award compensatory damages, it is still essential to prove that a wrongful death occurred.
• Proof of Negligence – The next step is to prove that the defendant was negligent. In Alabama, proving this negligence involves showing that the defendant failed to act with the level of care that a reasonable person would have under similar circumstances. However, for punitive damages, you need to go beyond basic negligence.
• Proof of Gross Negligence or Intentional Misconduct – Since Alabama allows only punitive damages, you must demonstrate that the defendant’s conduct was more than just ordinary negligence. You need to prove that their actions were either grossly negligent or intentional. Gross negligence means the defendant’s actions showed a reckless disregard for the safety of others. Intentional misconduct involves actions taken with the intent to cause harm or with knowledge that harm was likely.
• Evidence of Malice or Recklessness – To support a claim for punitive damages, you must ordinarily provide evidence that the defendant acted with malice or extreme recklessness, which means showing that the defendant’s behavior was not just careless but demonstrated a disregard for the potential consequences of their actions.
• Causation – There must be a clear link between the defendant’s conduct and the death. You need to prove that the defendant’s wrongful actions were the direct cause of the death, thereby establishing a cause-and-effect relationship.
• Lack of Defenses – The defendant may raise defenses to challenge your claim. You must be prepared to address and counter any claims the defendant makes that attempt to reduce or negate their liability.

By establishing these elements, you can build a strong case for punitive damages in an Alabama wrongful death claim. It’s crucial to work with one of our knowledgeable Birmingham attorneys at Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers to navigate these legal requirements effectively.

Fighting the Insurance Company in a Birmingham Wrongful Death Case

In a Birmingham, Alabama, wrongful death case, where only punitive damages are allowed – and not compensatory damages – fighting the insurance company can be particularly challenging. Here is how we at Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers navigate this complex situation:

• Building a Strong Case – We begin by thoroughly investigating the details of the wrongful death, including collecting evidence, reviewing police reports, and witness statements. Our goal is to establish a clear link between the defendant’s negligence and the death, which is crucial for pursuing punitive damages.
• Demonstrating Gross Negligence – Since Alabama allows only punitive damages, we focus on proving that the defendant’s actions were extremely reckless or intentional. We gather evidence to show that the defendant’s behavior was not just negligent but grossly negligent or malicious.
• Crafting a Compelling Argument – We prepare a detailed presentation to illustrate the severity of the defendant’s conduct, including highlighting how their actions went beyond ordinary negligence and caused significant harm. We aim to convince the court or jury that the defendant’s behavior warrants punitive damages.
• Negotiating with the Insurance Company – Insurance companies often try to minimize their payouts by disputing the extent of negligence or downplaying the severity of the case. We handle all negotiations with the insurance company, using our evidence and legal experience to push for a fair settlement that reflects the punitive damages to which you are entitled.
• Filing a Lawsuit if Necessary – If negotiations do not lead to a satisfactory outcome, we are prepared to file a lawsuit in the court system. We manage all legal aspects, including drafting and filing the necessary documents and representing you in court to argue for punitive damages.
• Advocating for Justice – Throughout the process, we act as your advocate, keeping you informed and fighting for your rights. Our aim is to hold the defendant accountable for their actions and secure a punitive award that reflects the gravity of their misconduct.

By taking these steps, we can pursue the justice and accountability you deserve in your Birmingham wrongful death case.

Steps To Take After a Loved One’s Wrongful Death in Birmingham

After losing a loved one in an accident resulting from someone else’s negligence in Birmingham, Alabama, it’s important to take several key steps. 

• First, ensure you gather and preserve any evidence related to the accident, such as photographs, police reports, and witness statements. This evidence will be crucial for building a strong case.
• One of the most important steps is to speak with one of our knowledgeable Birmingham wrongful death attorneys as soon as possible. At Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers, we can guide you through the legal process, explain your rights, and determine if you have a viable claim. We will handle the complexities of the case, including negotiating with insurance companies and offering representation in court if necessary.

Taking these steps promptly can help ensure that you protect your legal rights and pursue the compensation and justice your family deserves.

Contact an Experienced Birmingham Wrongful Death Lawyer Today

At Alexander Shunnarah Trial Attorneys: Accident & Injury Lawyers, we are prepared to aggressively fight for the wrongful death compensation you and your family need at this difficult time.

For a free case evaluation and legal consultation with a skilled Birmingham wrongful death lawyer, please call us at (205) 894-3513 or contact us online.

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

950 22nd St N suite 600
Birmingham, AL 35203

Ph: (205) 894-3513