Losing a loved one is never easy. When their death results from another party’s negligence, it can be even harder to process. If your family is facing the aftermath of a fatal accident, you may have grounds for a wrongful death lawsuit. At the Law Office of Dwayne L. Brown, our wrongful death lawyer in Birmingham, AL, helps families pursue accountability through legal action, and we’re here to guide you through this difficult time.
Under Alabama law, wrongful death claims are not about reimbursement; they’re about justice. If you have questions about filing a claim or want to know what comes next, we invite you to contact our team for a free consultation. The Birmingham personal injury lawyer with our law firm provides client-first service for families like yours. Call us today for the compassionate legal representation you deserve.
What Is Considered Wrongful Death in Alabama?
A wrongful death occurs when someone loses their life due to another person’s or entity’s negligent actions. These are civil cases, brought by the estate of the deceased against the party whose conduct caused the death.
In Birmingham, wrongful death can result from many types of incidents, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Construction site accidents
- Medical malpractice
- Nursing home neglect or abuse
- Dangerous property conditions
We investigate each case to determine what happened, who is liable, and how to build a strong foundation for a claim.
Wrongful Death Claims Require Evidence
A wrongful death claim may be pursued for any “wrongful act, omission, or negligence,” per AL Code § 6-5-410. For a successful claim, we will gather and evaluate a wide range of evidence, which may include the following:
- Medical records and autopsy reports
- Police reports and accident reconstructions
- Eyewitness interviews
- Video footage or photos from the scene
- Testimony from forensic, medical, and financial experts
- Prior violations or patterns of negligent behavior
Our team also works closely with expert witnesses to develop a compelling case that supports your family’s right to pursue damages under Alabama law.
Who Can File a Wrongful Death Lawsuit in Birmingham?
In Alabama, only the personal representative of the decedent’s estate, sometimes called the executor, can file a wrongful death lawsuit. If your loved one had a will, that document typically names the personal representative. If no will exists, the probate court will appoint someone to serve in that role.
Even though the representative is the one filing the lawsuit, Alabama’s intestacy laws determine how any awarded punitive damages are distributed among surviving family members, such as:
- Spouse
- Children
- Parents (if there are no children or spouse)
- Other legal heirs (in rare cases)
If you are unsure who qualifies to file the claim or receive punitive damages, we can explain your legal options and help you take the appropriate next steps.
Understanding Alabama’s Wrongful Death Damages
Alabama is unique in its approach to wrongful death claims. The state only awards punitive damages in wrongful death claims, not compensatory damages. Under this legal standard (APJI 1128 Wrongful Death PL) you do not recover financial losses.
Instead, the purpose of punitive damages is to punish the wrongdoer and deter similar behavior in the future. The judge or jury will consider several factors when deciding how much to award, including:
- The severity of the negligent conduct
- The defendant’s history of similar actions
- Whether steps were taken to prevent future harm
- The financial status of the at-fault party
Additionally, under AL Code § 6-11-21, there is no cap on punitive damages in a wrongful death claim.
How We Support Families Through the Legal Process
At the Law Office of Dwayne L. Brown, we know that wrongful death lawsuits are more than legal claims; they’re deeply personal. That’s why we work closely with every client, taking the time to understand how the loss has impacted your family emotionally and financially.
We provide:
- Regular updates on case progress
- Prompt answers to questions
- Ongoing support as your needs evolve throughout the case
- Education about every stage of the legal process, from evidence gathering to settlement discussions to trial
For 30 years, Attorney Dwayne Brown has only taken on a limited number of cases to ensure that each family receives our full attention. Our goal is to make sure you never feel like just another case number.
What to Know About the Statutory Deadline to File
Alabama’s wrongful death statute of limitations is generally two years from the date of death. That may sound like a long time, but building a case requires careful preparation.
We encourage families to contact us as soon as possible. Early legal involvement allows us to:
- Secure evidence while it’s still available
- Send preservation requests to insurance companies and other parties
- Coordinate with forensic and medical experts
- Advise you on your responsibilities as the estate’s representative
Frequently Asked Questions Regarding Birmingham Wrongful Death Claims
The following are answers to common questions our clients ask:
What Happens if Multiple Parties May Be Responsible for the Wrongful Death?
You can pursue a wrongful death claim against more than one defendant, such as multi-vehicle crashes or accidents involving contractors and subcontractors.
Can a Wrongful Death Lawsuit Be Filed if the Responsible Party Also Faces Criminal Charges?
Yes, a wrongful death lawsuit is a civil action and can proceed regardless of any criminal charges filed against the at-fault party.
How Is the Estate’s Personal Representative Chosen if There Is No Will?
If the decedent died intestate (without a will), the Jefferson County Probate Court will appoint a personal representative, typically a close family member. This process can involve a petition and a court hearing.
Are Wrongful Death Claims Ever Resolved Through Mediation or Arbitration?
Yes, some disputes can be resolved through alternative dispute resolution. Mediation may help clarify positions and lead to agreements that streamline trial proceedings or even avoid them in rare situations.
Let’s Talk About Your Family’s Legal Options
No lawsuit can undo what has happened, but holding the negligent party accountable may help your family find a sense of justice. At the Law Office of Dwayne L. Brown, we provide families throughout Birmingham and the surrounding areas with free consultations.
We handle wrongful death cases on a contingency fee basis; you owe nothing unless we recover compensation on your behalf.
Let’s talk about your legal options. Call us today or fill out our contact form for a free case review.
