If you have lost a loved one due to the negligence of another, contact our Montgomery, AL wrongful death lawyer today. Losing a loved one is a painful and traumatic experience, and it is only made worse if their death was due to the actions of another person.
In Alabama, you have the right to file a wrongful death lawsuit and hold the party responsible for the death of your loved one, and deter them and others like them from engaging in the same conduct in the future. A lawyer will assist you in building a case that displays the fault of the third party and helps you achieve justice. Contact Marsh, Rickard & Bryan, LLC today to schedule an appointment and find out how we can help you with your wrongful death case.
What Constitutes Wrongful Death
Wrongful death is a term that describes a case where a person dies due to the negligence of a third party. There are many different cases that can be classified as wrongful death. Car and trucking accidents, medical malpractice, workplace accidents, product liability cases, instances of premises liability, nursing home abuse and neglect, and many other incidents can all fall under the umbrella of wrongful death. A Montgomery wrongful death lawyer will review the circumstances of the death and determine if you have a claim of wrongful death and, if so, how best to proceed.
Wrongful Death Cases in Alabama
Alabama has unique laws surrounding wrongful death cases. Rather than recovering compensatory damages, plaintiffs can only recover punitive damages in the state of Alabama. Compensatory damages such as reimbursement for pain and suffering and expenses are designed to reimburse the plaintiff for losses that they have incurred. Punitive damages, on the other hand, are designed to punish the at-fault party and deter them and others like them from engaging in similar harmful behavior in the future.
Punitive damages offer the opportunity to achieve a sense of justice in a wrongful death case and hopefully prevent others from being harmed in the future. The amount of punitive damages that are awarded varies from case to case. The specific act of wrongdoing and degree of fault are factors that may impact the amount of punitive damages awarded. A Montgomery wrongful death lawyer will work to reach an amount that is fair for your particular case.
In Alabama, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. If there is no will, then an heir may initiate the claim. The heir is typically a spouse, but it can be others.. A lawyer can help you understand who is eligible to receive payment from damages and who must initiate the claim.
Choosing Representation
In a wrongful death case, it is important to find representation that is passionate about your case and will fight to bring you justice. In the difficult time following the death of a loved one, you deserve a hardworking lawyer that cares about your story and brings you the peace of mind of knowing that they are working hard to deliver justice. Contact Marsh, Rickard & Bryan, LLC today and let us start fighting for you.
Is Wrongful Death The Same As Negligence?
Understanding the distinction between wrongful death and negligence is crucial for anyone involved in a legal case stemming from the untimely death of a loved one. While these terms are often used in legal contexts, they refer to different aspects of the law. A Birmingham, AL, wrongful death lawyer can walk you through the nuances.
If you lost someone you love in an avoidable incident, you could have grounds to file a wrongful death suit to hold the liability person or entity responsible in civil court. Contact Marsh | Rickard | Bryan, LLC to learn more.
What Is Wrongful Death?
Wrongful death is a legal term that refers to a situation where a person dies as a result of another individual or entity’s wrongful act, neglect, or otherwise wrongful conduct. Wrongful death claims are civil lawsuits brought by the deceased person’s surviving family members or representative. Alabama has a unique wrongful death statute that is different than the wrongful death of any other state. The primary difference is that, under Alabama law, the only damages recoverable in a wrongful death case are punitive damages; no compensatory damages may be awarded.
What Is Negligence?
Negligence is a legal concept that involves a failure to exercise the level of care that a reasonably prudent person would in similar circumstances. It is a foundational element in many personal injury cases. To establish negligence, the plaintiff must prove four key elements:
- Duty of Care: The defendant owed a duty of care to the plaintiff.
- Breach of Duty: The defendant breached that duty by acting or failing to act in a certain way.
- Causation: The defendant’s actions or omissions directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered actual damages or harm as a result.
Negligence can occur in various contexts, such as truck and car accidents, defective products, worksite/construction incidents, medical malpractice, slip and fall incidents, and more. It is about demonstrating that the defendant’s lack of reasonable care led to harm.
The Relationship Between Wrongful Death And Negligence
While wrongful death and negligence are distinct legal concepts, they are often interconnected. Wrongful death claims frequently arise from incidents involving negligence. In other words, a wrongful death lawsuit may be based on the argument that the deceased person’s death was caused by the negligent actions of the defendant.
For instance, if a person dies in a car accident caused by the negligent driving of another person, the surviving family members could file a wrongful death lawsuit. The basis of their claim would be that the other driver’s negligent bad driving caused the death.
What Does The Difference Mean In Terms Of Your Claim?
In summary, wrongful death and negligence are related but distinct legal concepts. Negligence refers to a breach of duty that causes harm, while wrongful death is a specific type of claim brought when that harm results in death. If you believe a loved one’s death was caused by someone else’s negligence or wrongful conduct, consult with an experienced Birmingham wrongful death attorney from Marsh | Rickard | Bryan, LLC, to hold the wrongdoer accountable and help save lives in the future.
Birmingham Wrongful Death Infographic
Legal Rights Of Survivors In Wrongful Death Cases In Alabama
Losing someone you love is devastating. We’re here to help your family. A Birmingham, AL, wrongful death lawyer from Marsh | Rickard | Bryan, LLC is here to help you assert your rights.
In Alabama, surviving family members have legal rights that allow them to seek justice through a wrongful death lawsuit. Understanding these rights is crucial for understanding the legal process and ensuring that the responsible parties are held accountable and that lives are saved in the future. Here’s what you need to know about the legal rights of survivors in wrongful death cases in Alabama:
Who Can File A Wrongful Death Lawsuit?
Under Alabama law, the personal representative of the deceased person’s estate is eligible to file a wrongful death lawsuit. This person can be the surviving spouse, children, parents, or other family members, or anyone else deemed qualified to serve by the probate court.
Types Of Damages Available
In Alabama, the only damages available in a wrongful death case are punitive damages. Alabama is the only state with this structure for wrongful death claims. Punitive damages are designed to fulfill two purposes: punish the defendant and also deter similar misconduct in the future by the defendant and others like them to preserve human life.
Statute Of Limitations
It’s important to be aware of the statute of limitations for filing a wrongful death lawsuit in Alabama. In most cases, the lawsuit must be filed within two years of the date of the deceased person’s death. Failing to file within this timeframe can result in the loss of the right to seek compensation.
Burden Of Proof
In a wrongful death lawsuit, the burden of proof lies with the plaintiff (the party filing the lawsuit). This means that the plaintiff must demonstrate by a preponderance of the evidence (more likely than not) that the defendant’s negligent or wrongful actions caused the death of the deceased person.
Demanding Justice With The Help Of A Birmingham Wrongful Death Lawyer
If you have lost a loved one due to wrongful death, consulting with a skilled wrongful death lawyer from Marsh | Rickard | Bryan, LLC can provide clarity on your legal options and help you navigate the complexities of the legal system during this difficult time. Call us today for a free consultation.
Your Wrongful Death FAQs
Who Can File A Wrongful Death Lawsuit?
In a wrongful death lawsuit, typically close family members such as spouses, children, or parents have priority to file the claim. Some jurisdictions allow other dependents or financial dependents to bring a lawsuit, or even total strangers. Consulting with our Birmingham, AL wrongful death lawyer can help clarify eligibility and ensure the right parties are involved in the legal action.
How Do I Prove A Wrongful Death Claim?
To prove a wrongful death claim, you must establish several key elements. First, show that the defendant’s actions were negligent, reckless, or otherwise wrongful and that these actions were a legal cause of the deceased’s death. Provide evidence such as medical records, accident reports, and expert testimony to demonstrate the cause of death and its link to the defendant’s conduct. Collecting comprehensive evidence and working with an experienced wrongful death attorney can help build a strong case and increase the likelihood of a successful outcome.
What If The Deceased Was Partially At Fault For The Accident?
If the deceased was partially at fault for the accident, it can affect the wrongful death claim. In many states, compensation may be reduced proportionally based on the deceased’s degree of fault. For example, if the deceased was 30% at fault, the damages awarded might be reduced by 30%. Some states follow a comparative negligence rule, allowing recovery even if the deceased was more than 50% at fault, while others may bar recovery if the deceased was found to be responsible. Alabama follows the contributory negligence rule, which bars recovery if a decedent was at fault. A Birmingham wrongful death lawyer can help navigate these complexities and assess how fault impacts the claim.
Can A Wrongful Death Claim Be Filed If The Responsible Party Was Not Charged With A Crime?
Yes, a wrongful death claim can be filed even if the responsible party was not charged with a crime. Criminal and civil cases are separate legal matters. A wrongful death claim is a civil lawsuit seeking damages for the defendant’s negligence or wrongful conduct, regardless of whether criminal charges were filed or a conviction was obtained. The burden of proof in a civil case is lower than in a criminal case, focusing on whether the defendant’s actions caused the death. Consulting with our Birmingham wrongful death attorney can help you understand the process and pursue compensation effectively.
