Alabama
Wrongful Death Lawyer

If you have experienced the loss of a loved one in Alabama due to someone’s harm or negligence, consult a wrongful death attorney promptly. 

At TopDog Law Personal Injury Lawyers, our Alabama wrongful death lawyers are committed to providing support and seeking justice for the preventable and tragic death of a member of your family.

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Your Guide to Wrongful Death Claims in Alabama

How TopDog Law Personal Injury Lawyers Can Maximize Your Alabama Wrongful Death Claim

Having a lawyer from TopDog Law Personal Injury Lawyers handling your wrongful death claim is helpful as we can support you in several key ways.

The legal system is complicated

Filing a wrongful death lawsuit in Alabama is complex. You face a maze of intricate laws and procedures. These include the statutes of limitations, rules of evidence, and how damages are calculated and assessed. An experienced attorney is familiar with these complexities and knows how to manage them.

Proving liability is critical in wrongful death cases

Proving liability requires investigation, preserving evidence, and understanding how to sufficiently prove negligence or misconduct.

To establish negligence, a lawyer must demonstrate that the responsible party had a duty of care towards the victim but failed to fulfill that duty. This failure led to the accident that resulted in the loss of your loved one’s life.

Dealing with insurance companies can present challenges in wrongful death cases

Often, insurance companies try to settle for lowball amounts. A skilled Alabama personal injury lawyer who is adept at negotiation can ensure that the family receives fairer compensation.

A person who is unconscious with a spill of pills from a bottle and a syringe nearby.
James Helm, Personal Injury Lawyer

Throughout this process, you’ll need a legal advocate

An attorney represents family members during a wrongful death claim but also handles various tasks and facilitates communications along the way. They also provide objective support during the grieving process.

When a wrongful death case arises, it brings about both financial implications and moral concerns. Engaging the services of a lawyer from TopDog Law Personal Injury Lawyers ensures that these sensitive cases are handled effectively and with professionalism and determination.

Hiring an attorney helps create a more equitable playing field regarding legal matters and finances, especially when dealing with defendants like insurance companies or corporations.

Where to Find TopDog Law Personal Injury Lawyers in Alabama

If you need assistance with a wrongful death claim or lawsuit, TopDog Law Personal Injury Lawyers can provide legal guidance and support.

While we have offices throughout the U.S., our Alabama office is conveniently located at 950 22nd St N #600, Birmingham, AL 35203. Feel free to reach out to us at (205) 539-0893 anytime. We’re just off I-70 northeast of Legacy Arena.

How TopDog Law Personal Injury Lawyers Can Assist You

Each state has its own set of regulations regarding wrongful death cases, including Alabama. These regulations determine whether you are eligible to file a claim. At TopDog Law Personal Injury Lawyers, we are here to address your inquiries and assert your rights in wrongful death and personal injury cases.

Defining Wrongful Death in Alabama

Not every loss of life falls under the category of wrongful death according to Alabama law. In the Yellowhammer State, lawmakers define wrongful death as an act, omission, or negligence that would have resulted in a personal injury lawsuit if the deceased person had survived.

Common Grounds for Wrongful Death Claims

Common reasons for wrongful death claims can arise from situations such as car accidents, truck accidents, pedestrian accidents, motorcycle accidents, defective products, medical malpractice, criminal acts like murder or manslaughter, and other negligent, reckless, or deliberate actions.

Who is eligible to file a death lawsuit in Alabama?

In Alabama, only the personal representative of the deceased’s estate can initiate a wrongful death claim. If the victim was under 19 years old, the parents have a six-month window to file the lawsuit.

After that period, a personal representative must take on this responsibility. The representative has up to two years from the date of death to file the claim.

In cases where there is no will, the deceased’s family has 40 days from their loved one’s passing to request the appointment of a personal representative in probate court. If this deadline is missed, someone else may be appointed by the court as administrator of the estate.

Only Punitive Damages Are Available in Wrongful Death Claims in Alabama

In wrongful death cases in Alabama, plaintiffs are only entitled to receive punitive damages. They do not recover damages for compensatory expenses such as pain and suffering or funeral and burial costs. Punitive fines aim to penalize those at fault.

As a result, juries are instructed to grant an award in proportion to the defendant’s actions. There is no limit on the amount of the final compensation amount.

Resources for Compensation

You have two options to receive compensation: either through the wrongdoer’s insurance company or directly from the defendant. This means you can seek a settlement from the guilty party’s insurance company for cases that involve homeowner claims, medical malpractice, auto insurance, or rental insurance coverage.

How Is the Settlement Money Divided?

Following the rules of intestacy, litigators typically follow one of four guidelines when allocating the settlement money:

  1. If the victim has children but no spouse, the children will inherit the settlement.
  2. When there is a surviving spouse, they will receive the total settlement.
  3. In cases where there is both a surviving spouse and children, the spouse will receive $50,000 plus 50 percent of the remaining balance of the damage award. The rest will go to the children.
  4. If the victim dies without being married or having children but has surviving parents, the parents will receive the award.
Attorney James Helm

James Helm, Alabama Wrongful Death Lawyer

Get in Touch With an Alabama Wrongful Death Lawyer from TopDog Law Personal Injury Lawyers Today

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