Did you lose a family member in a tragic accident in Birmingham, AL? Contact Belt, Bruner & Barnett Personal Injury Lawyers to learn about your legal options. An experienced Birmingham wrongful death lawyer can help your family fight to recover compensation to hold the responsible parties accountable.
Our lawyers have over 93 years of combined experience fighting for families like yours. We’re not afraid to go toe-to-toe with powerful insurance companies and their defense teams–and we’ve won hundreds of millions of dollars in the process.
You’ve suffered a terrible loss that can’t be undone. Our lawyers are here to help you recover the money you need to avoid financial instability during this difficult time. Contat our law offices in Birmingham, Alabama, at 205-206-5088 to schedule a free consultation today.
Why Call Belt, Bruner & Barnett Personal Injury Lawyers For Help With a Wrongful Death Claim in Birmingham, AL?
After a devastating loss, the last thing you should be worried about is money. Unfortunately, many families soon face financial insecurity after losing a loved one. You also deserve justice if your loved one died because someone else couldn’t be bothered to be careful.
Insurance companies may seem sympathetic. While they may be genuinely sorry for your loss, it’s their job to pay as little as possible. To recover fair compensation, you’ll need an experienced Birmingham personal injury attorney on your team.
Clients have trusted Belt, Bruner & Barnett Personal Injury Lawyers to advocate for their rights since we started our law firm in 2002.
When you hire our skilled team to handle your case, our lawyers will:
- Investigate the circumstances of your loved one’s death
- Identify any parties who share legal liability for their death
- Aggressively protect you from any allegations that your loved one caused their own death
- Work with top-rated experts who can prove complicated aspects of your case
- Negotiate with the insurance companies for a fair settlement
- File a lawsuit and fight for the full compensation you deserve at trial
After your loss, it’s important to contact an experienced Birmingham personal injury lawyer as soon as possible. We’re always here to discuss your case, so give us a call today.
What is Wrongful Death in Alabama?
A wrongful death in Alabama is one that is caused by the wrongful act, omission, or negligence of any person or party.
In other words, a wrongful death occurs anytime someone dies due to the actions of another, such as when:
- A negligent driver causes a fatal car crash
- A doctor orders the wrong dosage and causes a patient’s death
- Someone commits an assault that proves to be fatal
If your loved one could have sued for damages had they survived, you likely have a valid wrongful death claim.
Wrongful death lawsuits are civil matters. The goal is to recover financial compensation to hold the at-fault party responsible. Wrongful death cases are completely separate from any criminal proceedings. In fact, most wrongful death cases involve accidents rather than criminal acts.
It’s possible for the defendant to face both civil and criminal charges. For example, if your loved one was killed by a drunk driver, the state of Alabama may charge them with a crime. You can also pursue compensation for the same acts in civil court.
How Does Filing a Wrongful Death Claim in Alabama Work?
The victim obviously isn’t here to file the lawsuit themselves. Under Alabama law, the right to sue for damages transfers to the decedent’s personal representative. The personal representative is often a family member who is chosen to handle the victim’s estate matters. The courts can also appoint a personal representative.
Any compensation recovered is distributed according to the victim’s will or under Alabama intestate law to surviving family members, including:
- A surviving spouse
- Children
- Parents
- Siblings
An exception exists when the victim is a minor. The minor’s mother and father have six months after their child’s death to file the wrongful death lawsuit themselves. After six months pass, the right to seek compensation passes to the personal representative.
What Types of Damages Are Available in a Successful Alabama Wrongful Death Lawsuit?
Damages in Alabama wrongful death cases are much different than those awarded in personal injury cases. In most states, juries consider things like the decedent’s earning potential and the family’s other losses when assessing damages for wrongful death. Punitive damages are typically only available in cases involving intentional or malicious acts.
In Alabama, the Supreme Court has ruled that punitive damages are generally the only damages available in wrongful death cases. In cases where property damage also occurred, the estate can seek compensation to cover the cost of that property damage.
No limits exist on the amount of punitive damages your family may be entitled to recover in a wrongful death case. Punitive damages exist to punish the defendant for their actions and to deter others from engaging in similar behavior in the future.
Because of these rules, the value of a wrongful death lawsuit depends heavily on the nature of the at-fault party’s actions.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Birmingham?
Our law firm represents families of fatal accident victims on a contingency fee basis. You pay nothing unless we recover compensation in your wrongful death case. When we do win compensation, we charge a set percentage of your settlement or verdict.
How Can Alabama’s Contributory Negligence Law Impact My Family’s Rights if My Loved One Was Partly Responsible?
In most states, victims can recover compensation if they share some fault for an accident. Some states eliminate the right to seek damages if the plaintiff is mostly responsible for their own injuries.
Alabama law is much more strict. Alabama is one of just a few states that follows a harsh contributory negligence law. If your loved one was even slightly responsible for their own death, the defendant can use that as a defense and avoid paying any damages at all.
Be prepared for the insurance companies and defense teams to try blaming your loved one. Alabama’s shared fault law gives at-fault parties strong motivation to blame the victim. Sometimes, they’re willing to blame fatal accident victims without a shred of legitimate evidence.
Because the law is so harsh, it’s critical to have an experienced Birmingham wrongful death attorney in your corner. Our attorneys handle cases involving shared fault allegations all the time. We know how to protect you from these unfair allegations.
What Causes Most Fatal Accidents in Birmingham?
At Belt, Bruner & Barnett Personal Injury Lawyers, we handle all types of wrongful death cases in Birmingham, including those involving:
- Car accidents
- Slip and fall accidents
- Dangerous property conditions
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber and Lyft accidents
- Commercial vehicle accidents
- Boating accidents
- Swimming pool accidents
- Sports accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Negligent security
- Defective products
- Electrocution accidents
- Nursing home abuse and neglect
- Assault and violence
If you lost a loved one in a fatal accident, don’t hesitate to reach out to our lawyers for a free case review. We’ll do everything in our power to help your family recover fair compensation for your tragic loss.
How Do I Prove That My Family Deserves Compensation After a Fatal Accident in Alabama?
Most wrongful death cases are negligence-based. You’ll have to prove that your loved one’s death occurred because of another party’s careless acts or omissions.
The elements of negligence are:
- The defendant had a legal duty of care. Everyone has a legal duty to exercise a reasonable amount of caution under the circumstances.
- They breached that duty by acting carelessly, recklessly, or wrongfully.
- Causation: The breach of duty must have been the direct and proximate cause of your loved one’s death.
You’ll need strong evidence to prove the connection between the defendant’s acts and your loved one’s death.
That evidence will vary depending on the scenario, but might include:
- Police reports
- Photos and videos
- Testimony from eyewitnesses
- Testimony from medical experts and accident reconstruction specialists
- Employment records
- Medical records
- Vehicle recording devices
- Drug and alcohol test results
- Cell phone records
Having an experienced lawyer gather the evidence to prove your case can be extremely valuable. Your lawyer will know where to look and the types of evidence that will be important to the insurance companies.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Alabama?
In Alabama, the statute of limitations in wrongful death cases is two years. You have two years from the date of your loved one’s death to take legal action. If you wait any longer, you lose your right to compensation entirely.
Contact a Skilled Birmingham Wrongful Death Lawyer for a Free Consultation
If you lost a loved one due to someone else’s actions, call an experienced Birmingham wrongful death lawyer. Proving a wrongful death case in Alabama can be challenging–and our team at Belt, Bruner & Barnett Personal Injury Lawyers is well-prepared to handle that challenge. Your case review is always free, so don’t hesitate to reach out today.