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Wrongful Death FAQs Guster Law Firm, LLC

Birmingham Wrongful Death Damages Attorney

Frequently Asked Questions

Am I Entitled to File a Wrongful Death Lawsuit and What Types of Damages May I be Able to Recover?

It is a tragedy when a loved one loses his or her life due to a personal injury which is a result of negligence or recklessness on the part of another individual or company. Such types of fatal injury may be the result of a car or truck accident, or an injury in the workplace. In these situations, you and your family may be able to file a wrongful death claim in Alabama. The purpose of such a lawsuit is to seek damages for the loss of your spouse or family member.

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.

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. These include:

  • 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 she was expected to live, her income when she died and her 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 for 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.

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. 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) 386-6844. We are here to listen to and answer all your questions.

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