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Losing a loved one can be devastating, no matter the circumstances, but it can be more difficult when their death was someone else’s fault. If you have lost a loved one due to someone else’s negligence, you and your family may have the right to file a wrongful death claim. However, you need proof to bring a successful claim.
Gathering evidence in Montgomery wrongful death cases can be complicated, and you have enough of a burden dealing with the sudden loss of your loved one. Our fatal accident attorney at the Law Office of Dwayne L. Brown could handle the legal work while you focus on your family. We have helped victims and their families through these difficult situations for over 31 years, and you will have direct contact with Dwayne Brown and your paralegal throughout your case.
In wrongful death cases, because the decedent cannot file a claim, someone else must file on their behalf. Under Alabama Code § 6-5-410, the deceased’s personal representative may file a claim if the death was the result of a wrongful act, omission, or negligence of another person or corporation. The act that caused the death does not need to be a crime; negligence is enough. For example, a fatal car accident or a dangerous hazard on someone’s property could form the basis for a claim.
Because wrongful death claims are a civil matter rather than a criminal one, they are subject to a different burden of proof and require certain evidence. In most cases, the deceased’s representative has to persuade the judge and jury only that the claim is more likely than not true. Our experienced Montgomery lawyer helps identify and collect the most persuasive evidence to meet this burden in your wrongful death case.
Alabama is unique because the only compensation the court awards in a wrongful death claim is punitive damages. Unlike economic and non-economic damages, which compensate the victim for losses such as medical bills and emotional distress, punitive damages intend to punish the wrongdoer and deter future behavior.
Courts rarely award punitive damages in ordinary cases, but may award them in wrongful death and other injury claims where the wrongdoer acted deliberately, maliciously, or fraudulently. Judges and juries must consider the totality of the circumstances when deciding on an amount to award. This includes the egregiousness of the wrongdoer’s actions, their history of such behavior, and any efforts made to change their behavior.
Our attorney may use many types of evidence to persuade a court to award punitive damages. This could include police reports showing patterns of similar behavior, medical records connecting the deceased’s fatal injuries directly to the wrongdoer’s actions, and expert testimony to help explain the nuances. Legal representation is essential for convincing the court to award punitive damages in a wrongful death case, and our skilled attorney in Montgomery could collect the necessary evidence and present it to the judge and jury on your behalf.
Gathering evidence in Montgomery wrongful death cases is just one step when seeking damages for the loss of a loved one. An attorney must also present and explain the evidence to the court for the claim to be successful. The Law Office of Dwayne L. Brown could help you and your family with your case. We have connections with renowned experts and qualified doctors with experience treating personal injury clients. Contact us for a free consultation with our team to learn more. We work on contingency fees, meaning we do not get paid unless you do.
