Birmingham Wrongful Death Attorney

Wrongfully Killed in Alabama? We’ve Recovered Millions Since 2002.

Wrongful death cases are among the most complex personal injury matters an attorney can handle. Building a successful claim requires evidence, witnesses, and expert testimony assembled by a lawyer who knows the law and knows how to use it. If you lost a loved one because of another party’s negligence, contact a wrongful death attorney at Guster Law Firm, LLC immediately.

Certain family members hold the right to pursue damages in a wrongful death case. We can pursue the compensation available on your behalf so you can focus on taking care of yourself and your family during this difficult time.

Contact the Birmingham wrongful death attorneys at Guster Law Firm, LLC online or call (205) 581-9777 for a free consultation.

Wrongful Death Statistics

In 2017, the Centers for Disease Control and Prevention (CDC) recorded 169,936 unintentional injury deaths in the United States, making accidents the third-leading cause of death nationwide that year. The three most common causes were falls, motor vehicle accidents, and unintentional poisoning.

Is a Wrongful Death Lawsuit Criminal or Civil?

Wrongful death claims are civil suits, distinct from criminal charges. The responsible party may face criminal prosecution, but a wrongful death case is a separate legal action that can proceed even if that person was acquitted or never charged.

Alabama law is specific about when a wrongful death case may be filed. Under Section 6-5-410 of the Alabama Code, a claim can be brought when a wrongful act, act of omission, or act of negligence led to the death. You have two years from the date of death to file in civil court.

Beyond the emotional weight of losing a loved one, families are often at risk of being taken advantage of by insurance adjusters or attorneys representing the responsible party. Before signing any documents or speaking with anyone representing the other side, retain your own personal injury lawyer.

How Alabama’s Wrongful Death Law Works

Alabama’s wrongful death statute operates differently from most states, and those differences directly affect what families can recover and who is allowed to file. Understanding the rules before pursuing a claim can prevent critical missteps.

Punitive Damages & No Statutory Cap

Alabama wrongful death law is punitive in purpose, not compensatory. The statute is designed to punish the wrongdoer and deter future negligence rather than to reimburse survivors for economic losses such as lost wages or funeral costs. Alabama places no cap on the punitive damages a jury may award, meaning the amount a jury can impose on a negligent party is not limited by statute.

Contributory Negligence Standard

Alabama follows pure contributory negligence, one of the strictest fault standards in the country. If the deceased is found to bear any degree of fault for their own death, surviving family members may be barred entirely from recovering compensation. How the case is built and presented can affect whether compensation is recovered.

Who Must File the Claim

For adult decedents, Alabama law requires the wrongful death claim to be filed by the personal representative of the decedent’s estate, which typically means opening an estate through probate court first. For the wrongful death of a minor child (defined in Alabama as someone under age 19), a parent generally has the right to file directly under Alabama Code Section 6-5-391 without that step. If no parent files within six months of the child’s death, however, the right to bring the claim passes to the personal representative. Because opening an estate takes time, contacting a wrongful death attorney in Birmingham as early as possible is critical to protecting the claim within the two-year statute of limitations.

Types of Wrongful Death Claims We Handle

Our Birmingham wrongful death lawyers handle claims involving, but not limited to:

A lawsuit can’t bring back your loved one, but it can provide a path to accountability and financial recovery for your family in the years ahead. Our early involvement can be a critical factor in the outcome of a claim. Contact us immediately to get started.

Why Birmingham Families Choose Guster Law Firm, LLC

Families pursuing a wrongful death claim need an attorney who combines a thorough knowledge of Alabama law with the resources to take a serious case as far as it needs to go. Guster Law Firm, LLC has been representing wrongful death clients since 2002, bringing over 20 years of personal injury and wrongful death experience to every case we handle.

Experience, Results, & National Recognition

Our firm has recovered millions of dollars in settlements for clients across a wide range of fatal accident claims. Our founding attorney is a recognized legal voice who appears regularly as an analyst on CNN, FOX News, MSNBC, HLN, and The Today Show. That national profile reflects the same preparation and advocacy we bring to every case we take on.

Nationwide Reach, Flexible Access, & Contingency Fees

When the circumstances of a case demand it, we have the network and capability to handle serious wrongful death matters beyond Alabama’s borders. We also understand that loss and injury can make it difficult to travel, which is why we offer remote consultations alongside in-office meetings. We work on a contingency fee basis, meaning there are no upfront costs and no fees unless we win. Our team is available 24/7 to answer your questions and help you understand your options.