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Losing a beloved family member due to someone else’s negligent actions is devastating. Wrongful death cases may involve a drunk driver causing a fatal accident, nursing home personnel neglecting a patient, or a reckless employer failing to provide safety gear to a construction worker.
If your family has experienced this type of tragedy, you are probably wondering if you can recoup the losses you have suffered by filing a wrongful death action. You pay nothing until we win your case, so reach out to wrongful death attorney Dwayne L. Brown and share your story. He is here to explain the Montgomery wrongful death case process and answer your questions.
You have grounds for a wrongful death claim if a family member loses their life due to the negligence or misconduct of another person or entity. It is a civil procedure related to personal injury claims, although law enforcement can also bring criminal charges in many cases.
These claims are unique in Alabama as only a personal representative appointed by the court can bring a suit on behalf of the family. While most states let you recover compensatory damages, such as the final medical and burial expenses for your loved one, Alabama does not.
In Alabama, you can only file for punitive damages, which are meant to punish the wrongdoer, although the money recovered is distributed to the decedent’s heirs. While compensatory damages are often used to reimburse final medical expenses and insurance payouts, punitive damages are not. They are disbursed to the decedent’s loved ones, and because they do not go through the estate, no creditors can seize them. Because the wrongful death case process is so unique, you need an experienced Montgomery attorney who understands the nuances of state law. Dwayne L. Brown has 31 years of experience assisting families like yours and is here to use that experience to your advantage.
When you work with our firm, we begin amassing evidence to prove negligence on the part of the at-fault party. This includes reviewing police reports, talking to witnesses, and examining medical reports. Attorney Brown has connections with top medical and reconstructionist experts who could testify about the facts in your case and why punitive damages are appropriate. It is important to begin the process as soon as possible. Even though you generally have two years from the date of death to file a claim, witnesses’ memories fade, and evidence disappears over time.
Attorney Brown and his skilled team of paralegals work to assist the Probate Court in appointing the right personal representative in your case, one who qualifies for a bond and other requirements. We support the personal representative throughout the Montgomery wrongful death case proceedings. We prepare to present the key elements of negligence, which could include proof that a driver was drunk or high on drugs at the time of the deadly accident.
We then request appropriate punitive damages, which can be substantial because Alabama does not cap them as most states do. Once the court determines the award, our attorney helps the representative distribute it according to the state’s intestacy laws, with distribution to a spouse and children first.
The unforeseen death of a loved one can be especially painful when you discover that someone’s careless behavior caused it. There is recourse in justice, although nothing will bring your family member back. Attorney Dwayne L. Brown is skilled at navigating probate, personal injury, and trial procedures. You always have access to him and his team directly through calls or texts. Contact us today for compassionate advocacy through the Montgomery wrongful death case process.
