Our Wrongful Death Lawyer Approaches Each Case Individually
Attorney Dwayne Brown and the legal team from the Law Office of Dwayne L. Brown represent clients without charging upfront fees. We work based on contingency fees only. You will not be asked to pay anything to hire our law firm. We get paid from the proceeds of your case, meaning we only get paid when you do.
We never take a one-size-fits-all approach with these cases. We believe every case deserves personal attention. We build a relationship with you and your family, including learning as much as possible about your lost loved one. We have more than 30 years of experience recovering settlements and verdicts for our clients after injuries and fatal accidents. We will fight for justice for your family, too.
Our personal injury law firm is valued not only by our clients but also by our peers who recognize our work. Our attorney is a member of the following groups:
- Super Lawyers Rated
- National Trial Lawyers Top 100
- Martindale Hubbell AV Preeminent
- Multi-Million Dollar Advocate Forum
- Million Dollar Advocate Forum
We want to ensure you have the information you need to make good decisions about your family’s future. Reach out to us today to learn more about your rights and options through a free case consultation with an Alabama wrongful death attorney.
We Must Take Legal Action Within Two Years of Your Loved One’s Death
Under AL Code § 6-5-410, we generally have until the second anniversary of your loved one’s death for the personal representative of the estate to file a lawsuit. However, you do not need to wait until this deadline approaches to get started by contacting a wrongful death lawyer in Alabama.
What Types of Cases Can Support a Successful Wrongful Death Case?
Because Alabama only allows the personal representative to recover punitive damages in wrongful death cases, your attorney must prove that the at-fault party acted negligently. Some examples of how accidents could occur because of a liable party’s negligent behavior include:
- Car Accidents: A drunk driver gets behind the wheel knowing they’ve had too much to drink.
- Truck Accidents: A reckless trucker is driving so fast and cannot stop in time for a red light.
- Construction Accidents: A contractor knowingly allows workers to use faulty scaffolding, ignoring safety regulations.
- Medical Malpractice: A surgeon who is dangerously exhausted chooses to operate anyway.
- Nursing Home Abuse: Staff members neglect a bedridden resident, leading to severe bedsores, infection, and sepsis.
- Premises Liability: A property owner is aware of a broken staircase railing but refuses to fix it.
- Dog Bites: A dog owner knows their pet has a history of aggressive attacks but lets it roam off-leash in a public park.
- Slip and Falls: A grocery store manager sees a large spill but tells employees not to clean it up right away.
The State’s Wrongful Death Damages Differ Significantly From Most Others
Most states have wrongful death laws that allow the personal representative of the estate or surviving family members to pursue damages based on a loved one’s wrongful death. Alabama has similar laws, but the damages available in the state differ significantly.
Only Punitive Damages Are Allowed
According to APJI 1128 Wrongful Death PL, Alabama does not allow compensatory damages in wrongful death cases. Only punitive damages are available. This means the focus of the case is not to ensure the family receives fair compensation for their losses.
Instead, the goal is to punish the wrongdoer and prevent future recurrence.
There Is No Consideration of the Victim’s Suffering or the Family’s Loss
In most states, wrongful death damages compensate the victim’s family for their financial and emotional losses. In Alabama, none of these expenses or losses are considered in a wrongful death claim. The money awarded is based solely on the defendant’s negligent behavior.
The Jury Determines the Amount Without a Fixed Formula
There is no fixed formula to calculate punitive damages. The jury has a lot of discretion to name an amount based on how much they believe is necessary to adequately penalize the at-fault party.
