Phenix City Wrongful Death Attorney

Your loved one’s personal representative may pursue punitive damages based on their wrongful death with help from our Phenix City wrongful death attorney. We help families seek justice if their loved one died due to someone else’s negligent actions.

Working with our Phenix City personal injury lawyer from the Law Office of Dwayne L. Brown means you have a legal team that has recovered more than $100 million in settlements and verdicts for our clients. We can help you, too. Contact us today for a free case review.

How Our Phenix City Wrongful Death Lawyer Builds Cases for Punitive Damages

Alabama law requires us to prove that the at-fault party acted negligently to recover damages in a wrongful death case. This is because the state only allows juries to award punitive damages in wrongful death lawsuits.

To secure a payout, we must have strong evidence to show the liable party behaved negligently, risking the safety of others. Some examples of this could include:

• A habitual drunk driver causing a fatal crash
• A company knowingly selling a defective product
• A nursing home neglecting a resident

Punitive damages are meant to punish wrongdoing and deter similar behavior. To this end, the negligent action is central to whether a jury will award punitive damages and how much they will award.

A successful wrongful death case could stem from almost any type of accident or incident caused by a negligent party. This could include:

• Auto accidents: Behavior could include speeding, distracted driving, or failing to obey traffic laws
• Truck accidents: These accidents often find both the truck driver and the trucking company liable for the accident
• Motorcycle accidents: Due to the exposed nature of riding, failing to watch for riders can lead to fatalities
• Construction accidents: Third-party lawsuits may be brought against negligent parties on the job site
• Medical malpractice: Whether through inaction or improper action, lawsuits can be brought against doctors, nurses, and facilities
• Nursing home abuse: Healthcare workers and nursing homes have an obligation to the safety of our most vulnerable members of society
• Premises liability: Owners and managers can be liable for hazardous conditions not addressed and corrected on their properties
• Dog bites: Dog and pet owners can be held strictly liable for the deaths their animals cause
• Slip and falls: Wet flooring, uneven surfaces, and dangerous staircases can lead to tragedy for families of lost loved ones

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How Our Phenix City Wrongful Death Lawyer Approaches Each Case

At the Law Office of Dwayne L. Brown, our attorney will work with you as a team to fight for the justice your family needs and deserves. We want to help you hold the at-fault party responsible for your loved one’s death and ensure their negligence never hurts anyone else.

Our attorney has more than 30 years of experience securing settlements and verdicts for clients who suffered injuries or lost a loved one because of someone else’s negligent actions. We believe every case deserves personal attention.

Our lawyer is well-respected in the industry, too. He is Super Lawyers rated and listed among the National Trial Lawyers Top 100. He works based on contingency fees, meaning it is possible for anyone to afford his services. He will represent you with no upfront fees or costs and only get paid when he wins your case.

Understanding the Damages Available in a Phenix City Wrongful Death Case

According to APJI 1128 Wrongful Death PL, victims’ loved ones can only recover punitive damages in an Alabama wrongful death case. This means each case must go to trial to receive a verdict and court award. Some of the factors the jury might consider when determining punitive damages in these cases include:

The Severity of the At-Fault Party’s Conduct

How the liable party acted could result in higher awards. The cases with the largest payouts generally have clear evidence that there was a disregard for human life.

The Defendant’s Financial Situation

Since punitive damages are meant to penalize the liable party, a large company or wealthy individual will likely pay more in damages. The goal is to discourage similar wrongful behavior in the future.

Any Attempts to Cover Up or Conceal the Wrongdoing

Juries generally do not look favorably on liable parties who attempt to avoid taking responsibility, especially if they lied or hid evidence.

The Duration of the Misconduct

Long-term or habitual negligence often results in higher damage awards. Cases where there is evidence of similar behavior in the past do, too.

The Circumstances of the Case

Each case has its own unique facts. The jury will consider all evidence presented and the facts of the case to determine if punitive damages are warranted and how much to award.

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Alabama Law Requires Clear and Convincing Evidence to Win a Phenix City Wrongful Death Case

While Alabama law limits victims’ families to recovering only punitive damages in wrongful death cases, it also requires a higher standard of proof. The law requires clear and convincing evidence that the accused party acted negligently.

Clear and convincing evidence is a higher standard of proof than the “preponderance of the evidence” used in most personal injury cases. The documentation of what happened must show that it is more likely than not that the defendant’s action led to the accident and the victim’s demise. In terms of percentages, the likelihood must be 50% or greater.

Each case is unique and so is the evidence available to support that case. Some examples that might meet the clear and convincing standard include:

• Previous drunk driving citations and toxicology reports showing a habitual drunk driver caused a crash
• Internal company documents or emails showing a business knowingly sold a dangerous product
• Surveillance footage or witness testimony documenting harmful actions

Our Phenix City wrongful death attorney knows what it takes to build a strong case and fight for the compensation your family deserves. We work with your loved one’s personal representative—the executor of the estate—to manage these cases and fight for justice. Under AL Code § 6-5-410, we generally have up to two years after their death to begin a lawsuit.

Discuss Your Loved One’s Phenix City Wrongful Death With Our Team Today

At the Law Office of Dwayne L. Brown, we provide free consultations for families who have lost loved ones. Learn how our Phenix City wrongful death attorney can help you build a strong case for punitive damages. Call us today to get started.