When someone is killed due to the negligence or misconduct of another person or entity, like a corporation, this tragedy is deemed as a wrongful death. The victim’s family can sue the responsible party or parties in a wrongful death case to receive both actual and punitive damages.
The Montgomery personal injury lawyer with the Law Office of Dwayne L. Brown understand that any lawsuit arising from a death is sensitive and complicated, and we will work hard for the families in Alabama during this difficult time. Call our team today. The initial consultation is free. Talk with our legal staff about the loss of your loved one. We can provide you with guidance on your next legal steps.
Types of Accident Cases That Could Result in Wrongful Death
People injured by the negligent actions, or inactions, of others are entitled to compensation for their injuries and losses. Sadly, such injury accidents can also result in the loss of life, and those families may file wrongful death claims for the losses they suffer.
The types of accidents in which a wrongful death case may arise include:
- Defective products
- Nursing home or hospital accidents/neglect
- Workplace accidents
- Car accidents
- Truck accidents
- Premises liability
- Slip and fall accidents
If you have lost a loved one in an accident, our Montgomery wrongful death lawyer can review your case, determine the cause, and identify the liable party to your losses.
The Four Elements of Negligence
Accident claims are built on the principle of negligence. Negligence is defined by four elements. The key to proving wrongful death is establishing these four elements of negligence. These elements are:
- Duty of care: The defendant had a duty to the decedent and/or to members of the public.
- Breach of duty: The defendant failed in that duty.
- Causation: The fatality was caused by the defendant’s breach of duty.
- Damages: The survivors have suffered damages because of the loss of their loved one.
Therefore, to prove the elements of negligence in your case, we would have to establish the relationship between your loved one and the defendant. Our wrongful death attorney would then have to show how the defendant deviated from accepted professional standards or laws. We would have to tie that reckless behavior to the accident or incident that injured your loved one. Finally, we would have to show how the loss of your loved one has impacted your family financially and emotionally.
Influential Factors in Wrongful Death Cases
In addition to the four elements of negligence, there are other factors that can influence your family’s wrongful death case. Those other important factors include:
- The relationship of the survivor(s) with the decedent
- The joint life expectancy of the decedent and/or the survivors
- The non-economical or emotional loss suffered by the survivor(s)
These factors affect who may file and benefit from a wrongful death claim, the types of compensation you may claim, and the value of your claim.
Filing a Wrongful Death Claim in Alabama
To establish negligence in your family’s wrongful death case requires a thorough investigation of the accident and the collection of relevant evidence. Our investigators will collect such evidence as:
- Medical records can explain the nature and severity of your loved one’s injuries. They can also establish a link between the accident and the injuries themselves.
- Police reports and safety records can provide additional details, such as the other parties involved, contact information, and insurance companies. Police reports will also include diagrams of the accident scene and give an unbiased opinion on the cause and fault of the accident.
- Photographic evidence and video footage can prove especially effective in proving negligence in your claim. Photos can present images of the accident scene and injuries. Video can inform us of the events that occurred before the accident and reactions afterward.
- Witness statements provide another perspective on the events that occurred, corroborating or challenging statements already given.
Of great use is the expert testimony of financial advisors, medical professionals, and accident reconstruction specialists. These specialists often prove vital in establishing the validity of your wrongful death claim.
Your Case Must Be File by the Decedent’s Administrator
Each state dictates who may file a wrongful death claim, but for Alabama, only the administrator of the decedent’s estate can file. Also known as the executor, the decedent’s will should name the representative. Otherwise, the state’s probate courts will name an administrator. The administrator will be in charge of executing the terms of the decedent’s will.
Damages Won in a Wrongful Death Suit
Even though the decedent’s will names the administrator in a wrongful death lawsuit, ironically, the state’s intestacy laws dictate who will receive compensation and ignore the will. Based on intestacy laws, beneficiaries could include:
- The children receive compensation if there is no spouse.
- The spouse receives compensation if there are no children.
- If there is a spouse and children, the spouse receives the first $50,000 and half of the remaining balance. Any remaining damages are split among the children.
- If there is no spouse and no children, but there are living parents, then compensation goes to the parents.
Call the Law Office of Dwayne L. Brown now for a free case review.
Compensation in an Alabama Wrongful Death Claim
Unlike other states, Alabama courts only award punitive damages in wrongful death cases. Punitive damages are to punish the at-fault party and deter others from committing acts that can result in a wrongful death.
A jury will consider some of the following factors when determining the amount to be awarded in a wrongful death case:
- How egregious were the defendant’s actions?
- What is the defendant’s financial standing?
- Does the defendant have a record of committing these actions?
- Has the defendant taken steps to prevent future events?
Our wrongful death lawyer in Montgomery, AL understands what you and your family are now facing and can explain how punitive damages work and what you can demand for the loss of your loved one.
Alabama Wrongful Death Statute of Limitations
It is important to not delay in considering your options in wrongful death claims. In most cases, there are time limitations on when a claim can be made. Under AL Code § 6-5-410, you generally have two years to file a wrongful death lawsuit. Remaining in compliance with this deadline is important for a couple of reasons.
For one thing, you will need that time to develop your wrongful death case. Two years may sound like a long time, but when you consider the multiple steps involved in building a strong claim, it will go quickly. It’s part of the reason we advise clients to reach out to us as soon as possible. Our wrongful death attorney in Alabama will want to secure evidence while it still exists and memories are still fresh. It also gives us a chance to send out spoilation letters where appropriate.
For another reason, you may be unable to pursue compensation through the courts if this deadline passes. The threat of a lawsuit is frequently used as leverage against the insurance companies during settlement negotiations. Some insurance companies may use questionable tactics to delay paying your family in order to run out the time on your right to file a lawsuit. Our Montgomery wrongful death attorney will protect your rights and ensure all paperwork is filed before your statutory deadlines expire.
Compassionate Representation Without Adding a Burden on You
To help our Montgomery neighbors, our wrongful death lawyers in Alabama provide our services on a contingency basis. This service agreement allows you legal representation without further financial hardship. Basically, you pay us nothing unless we win in your favor. Then, our attorney fees come from your settlement agreement or court award.
Call Us About Your Montgomery Wrongful Death Case
As a wrongful death lawyer, Dwayne L. Brown has been helping families for 30 years. Our goal is to obtain compensation that addresses the practical considerations of your family’s loss, such as lost income, as well as emotional considerations, such as pain, suffering, and grief. While no lawsuit can make up for the loss of a loved one, legal action can hold the responsible party accountable. It can help the remaining family members pay for education, daily bills, and other expenses without additional suffering.
Contact the Law Office of Dwayne L. Brown in Montgomery for a free consultation. Discuss your wrongful death claim with our team of representatives and get the help your family deserves. Call our team today.
Montgomery Wrongful Death FAQs
How does the process for appointing an “administrator of the estate” work if the deceased had no will in Montgomery?
If a person dies without a will in Montgomery, Alabama, the Probate Court appoints an administrator. An interested party, usually a close family member (like a surviving spouse or child), petitions the court, which then follows Alabama’s legal priority order to formally appoint the administrator to manage the estate.
Since Alabama only awards punitive damages, how are families compensated for actual losses like medical bills or lost income?
In Alabama, wrongful death claims only award punitive damages, meant to punish the at-fault party. Actual losses like medical bills or lost income are generally sought through a separate “survival action” filed by the deceased’s estate, which covers damages suffered by the deceased from injury until death. Often, both claims are pursued.
What is the difference between a wrongful death claim and a “survival action” under Alabama law?
In Alabama, a wrongful death claim seeks punitive damages only (to punish), for the benefit of heirs. A survival action, however, seeks compensatory damages (e.g., medical bills, pre-death pain and suffering) incurred by the deceased, for their estate. Both are often pursued together.
How long does a typical wrongful death lawsuit take to resolve in Montgomery, Alabama?
A typical wrongful death lawsuit in Montgomery, Alabama, can vary significantly in length.1 While some cases may settle in 1 to 2 years, complex cases involving extensive discovery, multiple defendants, or a contested trial can take 3 to 5 years, or even longer, to reach a resolution. Factors like the complexity of the negligence, the number of parties involved, the egregiousness of the conduct (given Alabama’s punitive damages), and court schedules all influence the timeline.
Law Office of Dwayne L. Brown
Address: 2740 Zelda Road, Suite 500 Montgomery, AL 36106
Phone: 334-277-3757
Opening Hours: Available 24/7
