Wrongful Death Cases in Alabama

July 20, 2020

Wrongful Death Cases in Alabama

There is always the risk that accidents might happen and cause serious injuries to unsuspecting victims. Sometimes, victims do not survive an accident, and family members have to receive one of the worst phone calls of their lives. Not only can a fatal incident cause immediate emotional grief, but it often can result in financial struggles for families, as well. This is especially true if the deceased accident victim provided financial support for the household.

The law believes that families struggling with a sudden loss should not have to experience any additional losses. If someone else caused the fatal accident, that party should compensate close family members. Compensation does not happen automatically, of course, and surviving family members should discuss their rights with an experienced Alabama wrongful death lawyer.

Alabama Wrongful Death Laws
Every state has its own laws regarding the rights of family members after a wrongful death. Death is “wrongful” when it occurs because of another party’s omission, negligence, or wrongful act. There are many causes of wrongful death, including:

●   Car accidents
●   Truck accidents
●   Bicycle accidents
●   Pedestrian accidents
●   Falls
●   Medical malpractice
●   Nursing home abuse and neglect
●   Homicide

If your loved one’s death was preventable, you should discuss a possible case with a lawyer who can assess your options.

In most states, family members can file their own wrongful death claims, but this is not the case in Alabama. Instead, the personal representative - who is designated in the will or by the court - of the estate files the claim and then any proceeds are distributed to the appropriate heirs of the deceased family member.

Alabama wrongful death laws are also different from other states regarding the damages family members can recover. Instead of seeking damages for medical bills, funeral expenses, lost wages, and other losses, people in Alabama seek punitive damages. This is because the law aims to punish the party that caused the death and deter future misconduct that can cause harm. The money recovered from the at fault party then goes to the heirs of the deceased family member to help them move forward in a better financial situation.

Civil vs. Criminal Cases
In many cases, wrongful death happens because of someone’s criminal conduct, whether it was drunk driving, violence, or criminal negligence. People might face charges for manslaughter or even murder, though criminal cases are separate from civil cases, and the personal representative still must file a wrongful death claim in civil court.

A criminal conviction can help prove wrongful conduct, but it will not award the family with punitive damages. Never rely on the criminal system to help your family, and instead, contact an experienced wrongful death lawyer.

Learn More from an Alabama Wrongful Death Attorney
The Law Office of Richard F. “Matt” Matthews helps families who are struggling with a tragic loss of a loved one. We know how to handle complex cases and seek punitive damages for an estate, and you should consult with an experienced wrongful death lawyer in Alabama. Call 334-398-8408 or contact us online for your free case evaluation today.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.

With offices located in downtown Montgomery, The Law Office of Richard F. Matthews, Jr., serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka, Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.