Did you lose a loved one in a fatal accident in Huntsville, AL? When preventable tragedies occur because of others, an experienced Huntsville wrongful death lawyer at Belt, Bruner & Barnett Personal Injury Lawyers can help your family recover full compensation for your losses. Contact us today at 256-666-4660.
Collectively, our Huntsville wrongful death attorneys have over 93 years of experience helping families like yours. We’ve recovered hundreds of millions to help victims and their families get justice.
Money can never turn back the clock and bring your loved one back, but it can give your family the support you need to move forward. Contact our law offices in Huntsville, Alabama, to schedule a free consultation and learn more about how our lawyers can help.
How Can Belt, Bruner & Barnett Personal Injury Lawyers Help With My Family’s Wrongful Death Case in Huntsville?
When the worst happens, you should be able to expect support and compassion. You also expect the responsible party to step up and admit fault, especially if it was an accident.
Unfortunately, you’ll probably have to face an insurance company. When it comes to offering fair compensation and justice, insurance companies don’t help much. They often go to great lengths to undervalue claims. They’ll probably even blame your loved one for their own death.
An experienced Huntsville personal injury attorney at Belt, Bruner & Barnett Personal Injury Lawyers can help. Our attorneys have earned a reputation for success in Huntsville, AL, over the years. Insurance companies recognize our name–and they’ll be much more likely to take your case seriously with us on your team.
When you hire our Huntsville wrongful death lawyers, we’ll:
- Investigate to determine what caused your loved one’s death
- Identify all parties who share legal liability
- Protect you from blame-the-victim tactics
- Negotiate on your family’s behalf for a fair settlement
- Advocate for justice at trial if necessary
Our Huntsville personal injury attorneys are passionate about helping families like yours get justice. Contact us today to learn how we can put our experience to work for you.
Overview of Alabama’s Wrongful Death Laws
Under Alabama, a wrongful death is defined as any death caused by the “wrongful act, omission, or negligence” of another person. In other words, a wrongful death occurs when someone else’s actions cause another person’s death.
Wrongful death lawsuits are filed in civil court. The goal is to recover financial compensation from the party responsible for the death.
Some deaths are also criminal matters. In those cases, the criminal courts are concerned with punishing the defendant for their criminal acts. You can file a civil wrongful death case even if the defendant is also facing criminal charges. Any criminal case is entirely separate from a civil wrongful death lawsuit.
If your loved one would have been entitled to file a personal injury lawsuit had they survived, your family likely has a valid wrongful death case.
Who Can File a Wrongful Death Lawsuit in Alabama?
In personal injury cases, the lawsuit is filed by the victim themselves. That clearly isn’t how wrongful death claims work. Some states allow surviving family members to file a wrongful death lawsuit. In Alabama, the decedent’s personal representative has the authority to file the lawsuit.
The personal representative is often a family member or close friend. When damages are ultimately recovered, they’re distributed to the victim’s family members and heirs, such as a surviving spouse, children, and parents.
Though it’s typically the personal representative who files the lawsuits, if the victim is a minor, parents have the right to take legal action. However, if they fail to file the lawsuit within six months of the child’s death, the right passes to the personal representative.
What Types of Damages Are Available to Survivors of Fatal Accident Victims in Huntsville?
Damages in wrongful death cases are different from those available in personal injury lawsuits. Personal injury lawsuits compensate victims for the specific losses a family has suffered–things like medical expenses and lost wages.
In wrongful death cases, courts are more concerned with punishing the defendant for their behavior.
In Alabama, you typically can only recover punitive damages. No limits exist on the amount of punitive damages you can recover. Courts and insurance companies, however, will have to be convinced that the defendant’s actions are deserving of some type of punishment. Awards of punitive damages are designed to deter similar behavior and potentially prevent future deaths.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Huntsville?
Our lawyers work on a contingency fee basis. We know money can be tight after a death in the family, especially if your lost loved one supported the family financially. Instead of charging upfront fees, we take a percentage of your compensation award once your case is resolved.
How Can Alabama Shared Fault Laws Impact My Family’s Right to Compensation
Shared fault laws in Alabama heavily favor defendants. In most states, victims can recover partial compensation even if they do share some blame for an accident or event.
Under Alabama’s contributory negligence law, victims lose their right to damages entirely if they’re even slightly responsible for an accident. If your loved one shared any blame at all, the defendant can use that to avoid paying your family compensation.
Expect the insurance company to try to blame your loved one for their own death. While it can be difficult, be prepared to fight back. Our experienced attorneys in Huntsville know how to protect you from these types of unfair allegations. Just contact us today to learn more about how we can help.
We Handle All Types of Wrongful Death Claims in Huntsville
There are countless scenarios that can lead to the untimely death of a loved one. Unfortunately, most are entirely preventable.
At Belt, Bruner & Barnett Personal Injury Lawyers, we often handle wrongful death cases involving:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Sports accidents
- Slip and fall accidents
- Dangerous property conditions or premises liability
- Construction accidents
- Workplace accidents
- Dog bites
- Swimming pool accidents
- Defective products or product liability
- Medical malpractice
- Nursing home abuse or neglect
- Negligent security
- Firearm violence
- Assault
- Exposure to toxic substances or chemicals
If you lost a loved one in Huntsville and someone else was responsible, contact our Huntsville wrongful death attorneys today. We offer free case evaluations–and there’s never any obligation to take legal action.
What Do I Have to Prove to Recover Compensation From the Party Responsible for My Loved One’s Death?
Most wrongful death cases are based on negligence. Wrongful deaths tend to happen when others are careless or reckless.
To prove negligence, you must establish these four elements:
- Duty of care. All individuals have a basic duty to exercise reasonable caution under the circumstances.
- Breach of duty. You must prove that the defendant’s acts were unreasonable under the circumstances or that some careless act or omission occurred.
- Causation. The breach of duty must have been the direct cause of your loved one’s death, meaning that nothing else intervened.
- Damages. Your family suffered losses, which, of course, can be proven by the fact that the death occurred.
Wrongful death cases can also be based on intentional wrongdoing–cases involving crimes. In civil terms, the criminal act is called an intentional tort. In these cases, the plaintiff must prove their case by a “preponderance of the evidence.” That means you must prove that it’s “more likely than not true” that the defendant caused your loved one’s death.
What Types of Evidence Can Be Used to Prove a Wrongful Death Case?
It’s possible that you weren’t even there when your loved one was injured. Even if you were, accidents can happen in seconds. Our lawyers can help you locate the evidence you’ll need to prove your case.
That evidence might include:
- Police or accident reports
- Medical records
- Statements from doctors and other experts
- Witness statements
- Photos and videos of an accident scene
- Maintenance records
- Employment records
- Receipts and invoices
The evidence we’ll locate will depend heavily on the circumstances of your loved one’s death. Rest assured, we have the tools to conduct a complete investigation to prove what happened.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Alabama?
You have two years to file a wrongful death lawsuit in Alabama. The statute of limitations in wrongful death cases starts to run on the date of death rather than the date of an accident. As in any case, if you miss the deadline, you’ll lose your right to hold the at-fault party accountable.
Contact a Huntsville Wrongful Death Lawyer for a Free Consultation
Knowing that the loss of your loved one was preventable is a heavy burden. Your family should not have to shoulder the financial burden on top of that. An experienced Huntsville wrongful death lawyer at Belt, Bruner & Barnett Personal Injury Lawyers can help you fight for justice. Contact us today to learn more about your legal options.