Birmingham Wrongful Death Attorney
Seeking Justice After the Death of Loved One? You Have Rights.
Wrongful death lawsuits can be particularly complex. To get results, it is necessary that your lawyer has the knowledge and experience to craft a compelling case supported by evidence, witnesses, and expert testimony. If you lost a loved one due to the negligent act of another party, we urge you to contact a Birmingham wrongful death attorney at the Guster Law Firm, LLC immediately.
Certain family members hold the right to pursue damages in a case of wrongful death—we can secure the compensation you deserve on your behalf so you can focus on taking care of yourself and your family during this trying time.
Wrongful Death Statistics
In 2017, 169,936 unintentional injury deaths were recorded in the United States, making accidents the third leading cause of death nationwide that year, according to the Centers for Disease Control and Prevention (CDC). The top three accidents that lead to these wrongful deaths were falls, motor vehicle accidents, and unintentional poisoning.
Is A Wrongful Death Lawsuit Criminal Or Civil
Wrongful death claims are civil suits, and therefore different than criminal charges. The responsible party may be facing criminal charges, but a wrongful death case is a separate legal action. A wrongful death case can be brought even when the person has been acquitted in criminal court or never charged.
State law is specific about the situations that allow for a wrongful death case to be filed. Under Alabama law, cases of wrongful death are filed in civil court and you have two years from the time of death to file.Under Section 6-5-410 of the Alabama Code, a wrongful death case can be filed when:
- A wrongful act led to the death
- An act of omission led to the death
- An act of negligence led to the death
In addition to the emotional suffering resulting from the loss of a loved one, victims of wrongful death are often understandably confused, and at risk of being taken advantage of by insurance adjusters or lawyers representing the responsible party. We advise you to avoid signing any papers or being interviewed about the death of your loved one by an insurance company or their attorneys without first hiring your own wrongful death lawyer.
Types of Wrongful Death Claims We Manage
We handle wrongful death claims involving and not limited to:
- Medical malpractice
- Defective products
- Car accidents
- Truck accidents
- Motorcycle accidents
- Alcohol poisoning
- Medication errors
- Nursing home abuse
- Vehicle fires
- Prescription drug recalls
Although a lawsuit cannot bring back your loved one, it is crucial that you speak with a dedicated wrongful death attorney so that justice can be served. The loss of your loved one may have left you in a terrible financial situation. The money recovered through a wrongful death lawsuit or claim can help to provide for your family in the years ahead. Our early involvement can be a critical point in the final outcome of a wrongful death lawsuit or claim. We urge you to contact us immediately.
Birmingham Wrongful Death FAQ
Who Can I File a Wrongful Death Lawsuit Against in Alabama?
A wrongful death lawsuit may be filed against a group or individual depending on the cause and location of the death.
This may include:
- An individual
- An employer or employee
- A company
- A government agency
What Type of Damages May I be Entitled to in Birmingham?
Wrongful death can cause serious financial problems in the form of funeral costs, medical bills, and in particular, lost income. There are a number of different types of damages you may be able to recover.
- Funeral and burial expenses: The typical cost for a funeral in the U.S. is $7,000-$10,000. You may be able to claim compensation to cover these costs.
- Medical expenses: This applies only if there are any medical expenses related to the final illness or injury of the decedent.
- Lost income: This is a calculation of lost wages and benefits which is determined by the age of the victim, how long they were expected to live, their income when they died and their projected future income. It may also include the value of services and goods that the victim would have provided and the value of lost benefits such as health insurance and pensions.
- Pain and suffering: This includes damages that are awarded as compensation for the survivors' emotional suffering, mental anguish, and the loss of emotional support and companionship that the decedent would have provided to surviving family members.
- Punitive damages: These damages are awarded as a means of punishing the individual or party responsible or the wrongful death.
How Are Damages Divided in Wrongful Death Cases?
According to Alabama law, wrongful death damages pass directly to the heirs as follows:
- The decedent’s spouse is the first to be awarded damages
- Next, the decedent’s heirs (children) can claim damages
- Finally, any relatives who can prove they were financially dependent on the decedent may be eligible
If more than one person is able to receive wrongful death compensation, the award will be split evenly between them. Contact an attorney to determine approximately how much in compensation you may be entitled to.
Are All State Laws the Same in Cases of Wrongful Death?
Not all states have the same laws regarding wrongful death. This means that deciding which state you can and should bring your wrongful death claim is very important. Some states do not allow certain types of compensation. They also have different statutes of limitation which determine the timeframe you have in which to file a lawsuit.
How Soon Must an Alabama Wrongful Death Lawsuit Be Filed?
In Alabama, the statute of limitations to file a wrongful death lawsuit is generally within two years. However, it is always best to file your lawsuit as soon as possible. Wrongful deaths are unfortunate tragedies. While wrongful death cases can be unpredictable, an experienced attorney who specializes in this field can review your circumstances. He or she can then help you understand whether you have a case and if so, what compensation you and your family may be entitled to.
Who Can I Establish a Wrongful Death Claim for in Alabama?
A wrongful death claim may be established for the spouse and children of the decedent, the spouse if there are no children, or other legal heirs if there is no spouse or children (e.g. parents or grandparents).
Speak with a Birmingham Wrongful Death Lawyer at (205) 581-9777
We offer a free, comprehensive, and confidential consultation of your case. We will be happy to visit you if you cannot meet with us at our offices and discuss your case with you in detail. Our staff of experts will determine the best course of action to take to help you to seek to recover the maximum amount of compensation possible under Alabama law.
Let us help you navigate the legal system after the sudden loss of a family member. We have been helping victims of wrongful death since 2002, giving our clients the peace of mind they need to move forward after the loss of a loved one.
Find out more about wrongful death lawsuits in Alabama right now by calling our expert legal team at Guster Law Firm, LLC by calling (205) 581-9777. We are here to listen to and answer all your questions.