Need an Anniston wrongful death lawyer? When you’ve lost a child, parent, spouse, or a loved one as a result of wrongful death, there is so such thing as having a handle on things. Grief can take a toll on any of us, and that’s precisely why the last thing you want is to handle the legal aspect of the situation by yourself.
Instead, choose to work with a reputable wrongful death lawyer in Anniston. With assistance from an experienced legal representative, you can rest assured that you will get justice and the compensation that your family deserves.
Why is it that every time a person loses a loved one, people try to tell him or her how they understand what they are going through? The truth is that even when people have gone through the same loss and pain, no one can ever truly understand how another feels.
That is why we help you differently, at Mike Bell Accident & Injury Lawyers, we believe that helping you win your wrongful death case is the best way to help you deal with the loss of a loved one. Our skilled personal injury attorneys in Anniston are dedicated and won’t rest until they’ve helped you get the justice you very much deserve. So, reach out to our wrongful death lawyers in Anniston by calling or emailing Mike Bell Accident & Injury Lawyers.
WHO CAN FILE A WRONGFUL DEATH SUIT IN ALABAMA?
According to Alabama state laws, a person can file a wrongful death claim if the deceased individual passed away while still in the state of Alabama. However, if the victim in question passed away in another state, then a wrongful death cannot be filed in Alabama; instead, the claim should be filed in the state where the incident took place. Alabama’s wrongful death statute clearly explains that the decedent’s estate administrator is the only one allowed to raise a wrongful death lawsuit.
Often, internal family conflict can get in the way of a wrongful death case. This is because these types of conflicts waste time – time you don’t have. Besides, there’s a statute of limitations that determines how long the deceased’s estate administrator has to file a wrongful death a claim.
Note: In addition to the statute of limitations, there’s a shorter time limit for filing a wrongful death claim against a city or government agency.
In Alabama, compensation for wrongful death is not awarded for recovering medical, funeral, or burial expenses; instead, compensation is awarded to punish the defendant for their negligent actions, and also as a way to discourage the public from making the same mistakes. That means that the value of your wrongful death claim will depend on the degree of negligence, omission, or unlawful act of the defendant.
WHY SHOULD YOU CHOOSE AN ATTORNEY WHO SPECIALIZES IN WRONGFUL DEATH CASES?
At Mike Bell Accident & Injury Lawyers, we often hear stories from clients about bad experiences with their wrongful death claims because of choosing an attorney that was good at say, criminal defense, or business litigation, but then fell short with handling a wrongful death case. You must understand that lawyers specialize for a good reason – make sure you choose an experienced wrongful death attorney – it will get you more compensation in the end. Our wrongful death attorneys at Mike Bell Accident & Injury Lawyers have many years of working on similar cases, so email us today so we can get to work and help you receive justice and compensation for losing a loved one.
WHAT QUALIFIES AS WRONGFUL DEATH?
In Alabama, wrongful death can be defined as the death of a person as a direct result of negligence, omission, or illegal act of another party. When an individual survives an incident caused by wrongful or negligent actions of another, then the victim can proceed to file a personal injury claim.
A negligent act here can be defined as the failure to act properly or provide reasonable care when dealing with a specific situation. Therefore, when you’re filing a wrongful death claim in Alabama, you must provide evidence showing that the defendant’s negligent behavior led to the death of your loved one.
WHO CAN GET COMPENSATION FOR A WRONGFUL DEATH LAWSUIT IN ALABAMA?
Before we get to who can file a wrongful death lawsuit in the state of Alabama, it’s important to note that in the state of Alabama, a wrongful death claim may only be filed if the deceased victim could have recovered damages for the negligence, wrongful act or omission had he or she survived the incident. If these conditions are met, then the wrongful death suit may only be filed by the decedent’s estate administrator or executor.
However, settlement money or judgment funds from a wrongful death lawsuit can be distributed to the family or heirs of the deceased in accordance with Alabama intestate succession laws. Also, settlement funds can be used to clear the liabilities or debts of the deceased.
WHAT IS THE SET TIME LIMIT FOR FILING A WRONGFUL DEATH CLAIM IN ALABAMA?
When you’ve lost a loved one, it can be tough to focus on filing a wrongful death suit and grieve at the same time. Besides, a statute of limitations applies to wrongful death lawsuits in Alabama.
In Alabama, a wrongful death suit must be filed within a period of two years, starting from the date of the death of the victim. Two years might seem like a lot of time, but you’d be surprised by how fast time flies, and you could easily find yourself without enough time to file the claim. Furthermore, the time limit for filing a wrongful death claim in Alabama is reduced to six months if the claim is made against a government agency. So, to make sure you don’t run out of time, contact Mike Bell Accident & Injury Lawyers for legal assistance from an experienced legal representative.
HOW IS COMPENSATION DETERMINED FOR A WRONGFUL DEATH CLAIM IN ALABAMA?
So, what is the value of a wrongful death lawsuit in Alabama? Well, perhaps the unique nature of Alabama wrongful death laws is that Alabama is the only state that awards punitive damages for wrongful death claims. However, it is important to note that Alabama does not permit compensatory damages. Punitive damages are allowed solely for punishing the defendant and deterring them and the public from similar behavior, ignorance, or actions in the future.
In Alabama, the jury and the judge reviewing a wrongful death case will put almost all their focus on the defendant’s negligence or wrongdoing that caused the death in question. This is a more challenging argument to make since the judge and the jury won’t consider the value of the decedent’s life. To be awarded punitive damages for a wrongful death claim, you must show that the defendant’s actions were so unreasonable and reckless that they rise to a level where they must be punished through a monetary award.
CONTACT OUR ANNISTON WRONGFUL DEATH ATTORNEYS
Dealing with Alabama’s complex wrongful death statutes and laws is very tough without expert legal representation, more so, when you’re still grieving the loss of a loved one. If you’re estate representatives, or anyone considering a wrongful death lawsuit in Alabama, make sure you work with an experienced wrongful death attorney from Mike Bell Accident & Injury Lawyers.
Countless procedural issues pop up when dealing with wrongful death claims in Alabama, plus, these lawsuits often run in tandem with criminal prosecutions brought forward by the state. Having a lawyer with proven skills and experience in your corner will help you to successfully navigate the intricacies of Alabama’s wrongful death.
At Mike Bell Accident & Injury Lawyers, our experienced team of wrongful death litigators is ready to help with your wrongful death claim. Our wrongful death lawyers can offer you peace of mind that your case will be handled with dedication and compassion while they seek justice for the harm done to you and your loved ones. Call us at 256-666-6000 for a free case assessment.