Alabama Wrongful Death Attorney
Have you recently lost a loved one and you believe that it was someone else’s fault? Putting your grief aside and trying to move on with your life may seem impossible at the moment. There is no way to undo the damage that has been done to you and your family. However, Alabama personal injury law enables the remaining family members of someone who has been wrongfully killed to file a lawsuit. An Alabama wrongful death lawyer is the only person who can help you identify who is eligible to pursue this legal claim and to give you the necessary tools to fight back.
A wrongful death claim can occur when a person dies because to the negligent behavior or improper conduct of another company or person. It may be easy in certain cases to identify who could be held liable, but in the case of complicated claims like bus accidents and truck accidents, more than one party could be held legally accountable for the injuries sustained. Having the right Alabama wrongful death lawyer at your side to help you navigate this situation and provide you with insight on what to do can make a world of difference when you are already coping with the grief and negative problems associated with the loss of a loved one.
Extensive research and engagement with experts may be required to pursue an Alabama wrongful death claim. This is because the first stage of your claim is to identify who could be held liable. A way to consider a wrongful death claim is that it is a very particular type of personal injury case.
If the victim were to have survived the accident, he or she would likely have brought a personal injury case against the responsible party in the courts by alleging that that person was responsible for their lost wages, medical care and other damages tied directly to the accident. In a wrongful death claim, however, the victim has suffered fatal injuries and is not able to file legal action. This means that surviving family members or the representative of the estate may be empowered to pursue the injury claim that the deceased would have.
This is true even when a criminal case is underway regarding the incident that ultimately led to the death of your loved one, a civil wrongful death claim can still be pursued. This is because the wrongful death claim is a separate issue from a criminal case entirely.
The estate brings this case singularly and fault is only expressed in terms of the damages award given to the beneficiaries or surviving heirs of the person who was killed. Criminal cases are separate because they are initiated by the state. Determination of guilt may lead to probation, prison time or other requirements.
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Filing A Wrongful Death Claim in Alabama
Not every person who is connected to an individual who has lost their life is enabled to pursue a wrongful death claim. In order to pursue a claim like this with the help of an Alabama wrongful death lawyer, an appointed representative of the deceased individual’s estate needs to get the wrongful death claim to the stage of litigation. This is true in cases in which a representative has already been appointed. However, if the deceased does not maintain an estate or has not named a personal representative, the heirs may come forward to file their own claim. This includes the surviving spouse, followed by parents, children, or siblings. Certain damages may be awarded in an Alabama wrongful death claim, but every case is unique and should always be evaluated by your Alabama wrongful death attorney to identify the possible outcomes.
Typical damages that are paid out in estate claims include pain and suffering that the deceased suffered prior to death, the loss of the value of the deceased individual’s remaining life such as wages he or she may have been paid over the course of their remaining years, medical bills for treatments of the deceased person’s last injury or illness expenses, and burial and funeral costs. Furthermore, a family claim could recover additional compensation on behalf of the injured and deceased person because of the loss of that person in their lives. This could include loss of comfort, loss of care, loss of guidance, loss of household services and loss of the financial support of the deceased individual.
Frequently Asked Questions About Wrongful Death Claims in Alabama
In Alabama, the statute of limitations for a wrongful death action brought forward by your attorney is three years from the date of the loss of your loved one. Although there are so many different things to think about with the loss of a family member, scheduling a consultation with an Alabama wrongful death lawyer can be extremely helpful.
There are specific elements of proof that must meet a particular burden in the court before any damages will be awarded. The representative of the deceased must be able to illustrate that the decedent’s death was caused by negligence and causation and negligence are not always easy to show without the help of an Alabama wrongful death lawyer.
Not every wrongful death claim will end in litigation fighting back against the other side. If the other party recognizes the cost and time involved with pursuing litigation, they may suggest a settlement to empower surviving family members to move on with their life. However, this is not always guaranteed. Working directly with an experienced Alabama wrongful lawyer may increase your chances of recovery of a settlement that fully compensates you for your losses.
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