Cullman Alabama Wrongful Death Attorney
In Alabama the law provides that surviving family members have the ability to pursue legal action when a loved one dies due to another party's wrongful actions.
A wrongful death lawsuit must be filed within the Statute of Limitations. In Alabama, a wrongful death case must be filed within two years of the date of the victim's death. If you fail to file prior to the Statute of Limitations you lose your right to pursue legal action and recover from the wrongdoer.
There are select scenarios where your time to file a lawsuit may be shorter or longer, for that reason you should contact an attorney as soon as possible to evaluate your claim. These scenarios include, but are not limited to, where the entity to blame for the death of the victim is a government entity. For a city government you would only have twelve months to put the city on notice of the claim.
Filing a Wrongful Death Lawsuit in Alabama
How Do I Prove A Wrongful Death Case
To prove your wrongful death case, you will need to show that the person at fault's wrongful actions cased the death of your loved one. Most commonly you will see the cases litigated under the standards of negligence. Negligence has four basic elements: Duty, Breach of Duty, Causation, and damages.
In Alabama you can only recover punitive damages in a wrongful death action. Punitive damages are intended to punish the at-fault party for their wrongful conduct. It also serves to discourage others from doing the same.
However, this does not compensate your for pain and suffering, lost wages, or any of the other types of damages that would be available to the person if they had only been injured and not killed.
If you have lost a loved one due to the wrongful conduct of another and would like to consult and attorney about your case we are here for you.
Suffering with the sudden and tragic loss of a loved one is hard enough without the added stress of pursuing a claim by yourself. Let me and my team take the burden of the lawsuit and evidence collection off your plate. We are a full service firm and will handle every aspect of your case allowing you to grieve and spend time with those that matter most.
We offer free consultations, and those consultations can be done in person, via video conference, or by phone. We will evaluate your case and help you make the right choice for your family.
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Filing a wrongful death claim can be confusing due to Alabama's unusual laws.
A personal representative must be established on behalf of the victim. This is done by opening an Estate on behalf of the deceased. That personal representative is the one with the power to bring the legal action on behalf of the victim for their wrongful death.
While you are certainly able to take on this process on your own, you may want to hire an experienced attorney that is familiar with the process and obstacles you may face along the way. Having legal counsel also ensures that your rights are protected and that your claim is handled in a timely and efficient manner.
In some cases a settlement may be negotiated without the necessity of filing a lawsuit; however, it is possible that you would need to pursue the case all the way through the litigation process to a trial.