Birmingham
Wrongful Death Lawyer

You need to depend on the skills of a top attorney – someone who can serve as your ally while filing a wrongful death claim when you lose someone you love due to the actions or negligence of another party. You need a Birmingham wrongful death attorney from TopDog Law Personal Injury Lawyers.

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Your Guide to Birmingham Wrongful Death Cases

Need Help After a Tragic Loss in Birmingham, Alabama? Contact Our Wrongful Death Attorneys

If you’re facing this situation in Alabama, our compassionate team at TopDog Law Personal Injury Lawyers is here to guide you through the process of seeking justice and financial relief.

Our Role in Your Wrongful Death Case

Wrongful death laws can be confusing. However, the lawyers at TopDog Law Personal Injury Lawyers have experience in Alabama’s specific rules for wrongful death. Therefore, our personal injury lawyers in birmingham can provide a free case review so you’ll know what to expect going forward. We can assess your legal rights and receive the compensation you justly deserve.

Visit Us in Birmingham

You’ll find us in Birmingham, Alabama, ready to discuss and review your wrongful death claim. Our address is 950 22nd Street North #600, Birmingham, AL 35203 – near Legacy Arena. We’re available 24/7 at (205) 539-0893.

What Qualifies as a Wrongful Death in Alabama?

In Alabama, not all deaths are legally considered wrongful. A wrongful death is when someone dies due to another’s harmful act, failure to act, or negligence. If the victim had lived, they would have filed a personal injury lawsuit instead.

A stethoscope lies on top of a blood test report on a wooden surface.
A medical professional with handcuffs is distressed, with a scalpel on the table.

Common Causes of Wrongful Death

Wrongful death cases often involve:

Who’s Allowed to File a Claim?

In Alabama, only the personal representative of the deceased’s estate can file a wrongful death claim. If the deceased is a minor, their parents have six months to sue. After that, or in other cases, the personal representative has two years from the death date to file.

Time Limits in Probate Filings

The family has 40 days from the date of death to ask the probate court to appoint a personal representative. If they don’t, the court may choose someone else to administer the claim.

Understanding Damages in Wrongful Death Cases

The damages awarded go directly to the deceased’s heirs if there’s no will. They aren’t subject to creditor claims.

Punitive Damages: The Only Compensation for Wrongful Death in Birmingham, Alabama

Alabama wrongful death cases only award punitive damages. Therefore, the damages aim to punish the wrongdoer. They do not compensate for specific losses like medical bills or funeral costs. There’s no limit to these damages, and they can come from the wrongdoer’s insurance or directly from the at-fault party.

How the Settlement Is Divided

The settlement is typically divided among the deceased’s family according to these rules:

  • Children inherit if there’s no surviving spouse.
  • A surviving spouse inherits if there are no children.
  • If there’s a spouse and children, the spouse gets the first $50,000 plus half the remaining settlement, with the rest going to the children.
  • Parents inherit if the deceased was unmarried and childless.

How We Support Your Case

Our lawyers at TopDog Law Personal Injury Lawyers will help by taking on the tasks necessary to comply with the filing deadline and determine fault. We are here to ensure you receive the support you need so you receive a fair and equitable settlement. Let’s look more in-depth at how we can help.

Filing the Claim

We understand the intricate legal aspects of filing a wrongful death lawsuit and know what to include to support your filing.

Establishing Fault

We’ll investigate and prove the other party’s legal responsibility and how their oversight, negligence, or intent led to your loved one’s passing.

Negotiating with Insurers 

We’re skilled in getting fair settlements from insurance companies. We know how to counter the tactics insurers use to reduce settlements.

Advocating for You

Our attorneys support and represent you, easing some of your burdens during a tough and emotionally difficult time.

Collecting the Evidence: What You Need to Support Your Claim for Punitive Damages in Alabama

To receive a settlement for punitive damages in a wrongful death claim, you must show clear and convincing proof that the defendant’s conduct was intentional, negligent, fraudulent, or malicious.

At TopDog Law Personal Injury Lawyers, we collect the supporting documentation that will build a strong and compelling case – a case that will support the settlement you deserve. The courts in Alabama look closely at the wrongdoer’s behavior in these claims. Therefore, we are committed to showing how the at-fault breached their obligation to respect the victim by showing reasonable care.

James Helm
TopDog Personal Injury Lawyers in Springfield

 

Types of Evidence

Some of the evidence we may use to build a case includes:

  • Evidence showing failure to follow safety policies and procedures or violations of regulations
  • Proof that hazards that were known but not corrected 
  • Records of previous lawsuits, claims, or fines related to serious misconduct
  • Evidence of negligent hiring, supervision, training, or retention of employees
  • Proof of a severe impairment like drunk driving
  • Reports showing harmful, offensive, or abusive actions toward the deceased 
  • Statements, documents, or testimony indicating intentional deceit or coverups
  • Proof of understaffing or not providing safe quotas
  • Prior proof that wrongful conduct can cause harm, but acting anyway  

Essentially, any evidence clearly showing the defendant was aware of a likely danger but still disregarded the consequences can potentially support a claim for punitive damages. That’s why making a strong evidentiary case is important. Our experience in the wrongful death/personal injury field enables us to maximize settlement awards.

Why TopDog Law Personal Injury Lawyers Stand Above the Rest

If you’re seeking legal help for a wrongful death case in Birmingham, Alabama, look to TopDog Law Personal Injury Lawyers as your go-to source for maximizing your settlement amount.

To ensure you receive a higher payout, we are dedicated to:

  • Thoroughly investigating your claim, poring over medical records, or reviewing the elements that led to your loved one’s passing.
  • Showing why you should receive more money. We can show why you’re entitled to a higher settlement – how a defendant’s wrongdoing went past the usual boundaries of negligence.
  • Getting the evidence needed to increase your settlement. We know what the court is looking at when they review the wrongdoing of a defendant in a wrongful death case. This helps us to show why you’re entitled to a larger award.
  • Negotiating with the insurance companies. We can reach settlements out of court, disabling insurers from offering amounts that are not reasonable.
  • Contacting reputable experts. Because of our reputation, we can contact expert witnesses, accident reconstructionists, economic analysts, and private investigators to strengthen your case and increase damages.

While no amount of money brings back a lost loved one, relying on a competent attorney levels the legal playing field – giving the proper closure to grieving families. This kind of advocacy makes a big difference at a vulnerable and emotionally distressing time.

Call for a Free Legal Consultation and Case Review Today

Know and assert your legal rights for submitting a wrongful death claim in Birmingham, Alabama.

Contact TopDog Law Personal Injury Lawyers to have your case reviewed and learn more about how the legal process works in wrongful death cases. Call us anytime in Birmingham, Alabama, at (205) 539-0893.

Attorney James Helm

James Helm, Birmingham Wrongful Death Lawyer

TopDog Law Personal Injury Lawyers – Birmingham Office

Address: 950 22nd St N #600,
Birmingham, AL 35203

Phone: (205) 539-0893

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