Wrongful Death Attorney in Tuskegee, AL

When a loved one dies because of another person’s negligence or misconduct, families are left with grief and unanswered questions. At the Law Office of Dwayne L. Brown, we understand how devastating these circumstances are. Thankfully, Alabama law gives families the right to pursue justice through a wrongful death lawsuit, and our wrongful death attorney in Tuskegee, Alabama, can help.

If you have lost a loved one and are seeking legal assistance, call today for a free case consultation. Our Tuskegee personal injury lawyer can help you and your family find peace and justice to move on after this tragic event.

How Alabama Defines Wrongful Death Claims

When a person dies because of another party’s wrongful actions or negligence, the state recognizes this as a wrongful death.

In Tuskegee, wrongful death cases may arise from any of the following:

• Car accidents
• Truck wrecks
• Motorcycle collisions
• Pedestrian incidents
• Medical malpractice
• Nursing home neglect or abuse
• Construction or workplace incidents
• Slip and falls and other premises liability cases

Each case requires evidence that ties the negligent act directly to the fatality.

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Proving Negligence in a Tuskegee Wrongful Death Case

Alabama courts require evidence to hold a defendant accountable in a wrongful death claim.

Therefore, we must establish four elements to prove negligence:

• Duty of care: The defendant had a legal requirement to act safely.
• Breach of duty: The defendant failed to uphold that duty.
• Causation: The defendant’s conduct caused the death.
• Damages: Surviving family members have suffered as a result.

Evidence we may use in Tuskegee wrongful death cases includes:

• Police reports from the Tuskegee Police Department or the Alabama Highway Patrol
• Autopsy reports and medical records
• Photographs or video footage of the accident
• Eyewitness testimony from people who saw the incident
• Expert testimony from accident reconstructionists, medical specialists, or financial professionals
• Records showing repeated violations, such as prior DUI arrests or safety violations

Alabama Wrongful Death Claims Are Different

Alabama’s wrongful death law is unique. Unlike other states, families in Alabama cannot recover compensation for medical bills or lost income. Instead, the law allows the estate to pursue punitive damages, which are meant to punish the wrongdoer and deter similar actions in the future.

When determining punitive damages, the court considers factors such as:

• The severity of the negligent act
• The financial standing of the defendant
• Whether the defendant attempted to conceal their actions
• The duration or history of the negligent behavior
• The unique circumstances of the case

There Is No Cap on Wrongful Death Damages

There is also no cap on punitive damages in wrongful death cases, per AL Code § 6-11-21, which means juries have the authority to impose significant penalties on wrongdoers.

Who Can File and Who Benefits

Under AL Code § 6-5-410, only the deceased person’s personal representative may file a wrongful death lawsuit. If your loved one left a will, the executor named in that document will serve in this role. If there is no will, the Macon County Probate Court will appoint an administrator.

Although the personal representative files the lawsuit, Alabama’s intestacy laws determine how damages are distributed among surviving family members. This may include:

• Spouse
• Children
• Parents (if there is no spouse or children)
• Other heirs under state law

We will guide you through this process and explain how the law applies to your family’s situation.

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The Statute of Limitations for Wrongful Death Claims in Alabama

Alabama law generally gives families two years from the date of death to file a wrongful death lawsuit. While this may seem like a long time, building a case requires careful investigation and preparation.

By contacting us as soon as possible, we can:

• Preserve critical evidence before it disappears
• Send letters to prevent the destruction of records
• Interview witnesses while memories are fresh
• Work with experts to strengthen your case

Failing to file within the statutory deadline may prevent you from pursuing your claim in court.

Supporting Families in Tuskegee Like Yours

At the Law Office of Dwayne L. Brown, we know these cases are not just about legal strategy. They are about real families facing life after a devastating loss. That is why we:

• Take on a limited number of cases so each family receives focused attention
• Learn how the loss has affected your family
• Check in regularly on your well-being
• Keep you updated on your case’s progress
• Answer your questions promptly
• Educate you on the process, including settlement discussions and the possibility of trial
• Adjust our approach as your family’s needs change
• Work on contingency, so you pay nothing unless you win

We work with you to make sure your family feels supported throughout the legal process. With more than 30 years of personal injury experience, we have successfully secured over $100,000,000 in verdicts and settlements for clients and earned recognition from Super Lawyers and Lawyers of Distinction.

Connect With a Tuskegee Wrongful Death Attorney Today

No lawsuit can undo the loss of your loved one. However, holding negligent parties accountable can bring a sense of justice and protect other families from similar harm. At the Law Office of Dwayne L. Brown, our wrongful death team is ready to discuss your legal options, explain Alabama’s wrongful death laws, and fight for the accountability your family deserves.

Call us today or complete our online form for your free case consultation.

Tuskegee Wrongful Death FAQS