What is wrongful death?
“Wrongful death” is a legal term used to describe an untimely and unnatural death caused by the negligent, unlawful or otherwise tortious conduct of another party. An action for “wrongful death” involves the assertion of a civil claim for monetary damages against the individual, business or governmental entity responsible for causing or contributing to the decedent’s fatal injuries. Wrongful death lawsuits are usually filed by a surviving family member who has been appointed Personal Representative of the decedent’s estate by a county probate court.
How we can help
In our over 40 years of practice, we have significant experience handling wrongful death claims and understand what it takes to bring a successful claim. Like most firms, we handle all wrongful death cases on a contingency fee basis, meaning we will represent you and never charge a fee unless we secure a financial recovery for you and your family.
Our attorneys are not afraid to take cases to trial. In fact, our attorneys have extensive trial experience and have secured many victories for our clients.
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Causes of Wrongful Death
Alabama law defines wrongful death as a death caused by the “wrongful act, omission, or negligence” of another. It is important to note that a valid wrongful death claim may result not only from the wrongful act someone committed, but also by omitting to do something that could have prevented the death. For instance, if a dog owner failed to properly control his animal and its vicious attack result in someone’s death, the failure to prevent the attack may be a cause for a wrongful death suit.
Other common causes of wrongful deaths include:
- CAR ACCIDENTS
- PEDESTRIAN AND BICYCLE ACCIDENTS
- MEDICAL MALPRACTICE ERRORS
- TRUCK ACCIDENTS
- PREMISES ACCIDENTS INCLUDING SLIP AND FALL ACCIDENTS
- WORKPLACE ACCIDENTS
- INTENTIONAL AND CRIMINAL ACTS
Any act of negligence that results in the death of your loved one may be a cause for a wrongful death suit.
What damages are available in a wrongful death claim?
In Alabama, the only damages available in a wrongful death claim are punitive damages. Alabama law makes no allowances for compensatory damages when a person dies because of the negligence of another. The purpose of punitive damages is to punish the defendant for his actions, and to serve as a deterrent to others against similar behavior in the future.
Rather than being paid to the decedent’s estate where it could be taken to satisfy debts of the estate, all damages awarded by a jury are distributed to the heirs of the deceased in accordance with the statute of distributions.
What is the time limit for filing a wrongful death claim?
The time limit for the filing of a wrongful death action is generally two years from the date of death, with a few exceptions. Therefore, you should contact an attorney immediately if you believe you have a wrongful death claim to make sure to do not missed your filing deadline.