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Montgomery Wrongful Death Lawyer

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:

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.

PERSONAL INJURY DESERVES PERSONAL ATTENTION!

PERSONAL INJURY DESERVES PERSONAL ATTENTION!

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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.

PERSONAL INJURY DESERVES PERSONAL ATTENTION!

PERSONAL INJURY DESERVES PERSONAL ATTENTION!

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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.

Testimonials

My family and I met Attorney Dwayne Brown after the unfortunate accident involving my niece. Attorney Brown did an exceptional job representing my family. He was the consummate professional, and treated my family with the utmost dignity and respect. As a result of his representation, my family was able to achieve a substantial settlement in our case. Although we obviously did not get our loved back, we are prayerful that we met Attorney Brown. My family would highly recommend Attorney Brown to anyone in a similar situation.

Rafiq A.

An excellent and professional lawyer. He took on a car accident case on my behalf, worked with me from across the country, and was just as vigorous in his pursuit of justice on day 912 as he was on day 1.

Michael L.

Attorney Brown represent me on a case involving a motor vehicle. Another attorney indicated they could not help and I was recommended to attorney Brown by a well-respected member of my community. Attorney Brown resolved my case to my absolute satisfaction and did an excellent job. I highly recommend his services.

Nikia S.

Attorney Brown is simply the best! Very communicative, hard working and he puts his clients first. I'm a stickler when it comes to customer service and I got nothing but first class service!

Keitron G.

Attorney Brown is simply the best! Very communicative, hard working and he puts his clients first. I'm a stickler when it comes to customer service and I got nothing but first class service!

They were very good with helping with my case, they made sure I was well updated on everything involving my case and they are very nice people.

Gabby H.

I know Dwayne personally and have worked with him many times professionally. You won't find a more ethical, hardworking lawyer. He truly cares about his clients' welfare and getting them back on their feet, moving forward empowered.

Ryan R.

Case Results

  • $11,500,000

    Confidential resolution wherein the Law Office of Dwayne L Brown successfully recovered an eight-figure settlement for the family of an individual involved in an 18-wheeler wreck that occurred in the Atlanta Metro area.

  • $5,500,000

    Law Office of Dwayne L. Brown in collaboration with another law firm represented the children of a pedestrian struck by a delivery vehicle while working.

  • $3,000,000

    The Law Office of Dwayne L. Brown successfully represented a minor whose father was killed by a third-party commercial driver while working.

  • $3,000,000

    Law Office of Dwayne L. Brown helped to facilitated the resolution of a catastrophic wreck in the State of Ohio after 2 years of litigation.

  • $2,650,000

    The Law Office of Dwayne L. Brown successfully represented a family of a deceased armed services veteran who died in a tractor trailer collision as a result of improper road signage.

  • $2,100,000

    The Law Office of Dwayne L. Brown successfully represented the family of a deceased victim against a neurologist who failed to conduct a CT Head examination thereby resulting in a catastrophic injury.

  • $1,876,000

    The Law Office of Dwayne L. Brown successfully represented a truck driver who struck another truck driver who negligently operated his motor vehicle below the posted speed limit.

  • $1,750,000

    The Law Office of Dwayne L. Brown successfully represented the family of an infant who was injured at birth by an OB/GYN who failed to conduct an emergency c-section.

  • $1,000,000

    The Law Office of Dwayne L. Brown successfully represented a minor whose father was killed while traveling to work when a commercial driver negligently failed to yield the right of way. The trucking company paid the maximum amount of available insurance.

  • $1,000,000

    Law Office of Dwayne L. Brown successfully represented a driver who was injured when an emergency vehicle negligently impeded oncoming traffic resulting in a vehicle collision.

  • $550,000

    The Law Office of Dwayne L. Brown successfully represented a worker who sustained a herniated disc injury while working on a commercial vehicle

  • $535,000

    Law Office of Dwayne L. Brown successfully represented a driver who was reared ended by another vehicle and sustained a neck injury.

  • $500,000

    Law Office of Dwayne L. Brown successfully represented an uber driver who was struck by another vehicle and sustained a knee injury.

  • $450,000

    Law Office of Dwayne L. Brown successfully recovered on behalf of a client who sustained a concussion in an automobile collision.

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    Our Client Reviews

    Law Office of Dwayne L. Brown

    4.9 / 5.0

    Based on 45 reviews

    Rafiq A.

    My family and I met Attorney Dwayne Brown after the unfortunate accident involving my niece. Attorney Brown did an exceptional job representing my family. He was the consummate professional, and treated my family with the utmost dignity and respect. As a result of his representation, my family was able to achieve a substantial settlement in our case. Although we obviously did not get our loved back, we are prayerful that we met Attorney Brown. My family would highly recommend Attorney Brown to anyone in a similar situation.

    Michael L.

    An excellent and professional lawyer. He took on a car accident case on my behalf, worked with me from across the country, and was just as vigorous in his pursuit of justice on day 912 as he was on day 1.

    Nikia S.

    Attorney Brown represent me on a case involving a motor vehicle. Another attorney indicated they could not help and I was recommended to attorney Brown by a well-respected member of my community. Attorney Brown resolved my case to my absolute satisfaction and did an excellent job. I highly recommend his services.

    Keitron G.

    Attorney Brown is simply the best! Very communicative, hard working and he puts his clients first. I'm a stickler when it comes to customer service and I got nothing but first class service!

    Gabby H.

    They were very good with helping with my case, they made sure I was well updated on everything involving my case and they are very nice people.

    Ryan R.

    I know Dwayne personally and have worked with him many times professionally. You won't find a more ethical, hardworking lawyer. He truly cares about his clients' welfare and getting them back on their feet, moving forward empowered.