Steve Morris Law will fight for your family as your Anniston wrongful death lawyer when you have lost a loved one due to someone else’s wrongful actions.
Losing a loved one, no matter the circumstances, is difficult for any family. They are left to deal with their grief and adjust to a new reality. The situation is even harder when the family member’s life is cut short, and it is someone else’s fault. Your family may have a wrongful death lawsuit against the responsible party that could lead to significant financial compensation.
First, you need to contact an experienced personal injury lawyer to review your case. Contact us today.
Types of Wrongful Death Cases We Handle
Wrongful death lawsuits apply to any personal injury case where the victim has died. At Steve Morris Law, we handle a variety of wrongful death actions, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Premises liability
- Product liability
- Dog maulings
- Work-related injuries (when a third party was to blame — there are exceptions to suing your employer)
Every wrongful death case relies on the legal principle that you must first prove that someone else was to blame for your loved one’s death, whether it was due to:
- Intentional actions
Steps in a Wrongful Death Case
There are generally two steps to the wrongful death lawsuit process:
- First, you must prove that someone else was to blame for your loved one’s death
- Second, you must secure adequate compensation — although the way that wrongful death compensation is determined is different in Alabama
The first step in the legal process is hiring an experienced lawyer who will be your determined advocate.
How Much Are Wrongful Death Cases Worth in Alabama?
In other states, you are valuing the life of the deceased person and what they meant to the family. Alabama law works differently.
According to the Alabama Supreme Court, the only type of damages that a family may receive in a wrongful death case is punitive damages. Thus, the main measure of how much your family is paid depends entirely on the fault of the responsible party. The more egregious their actions, the more money your family may receive. If the defendant was extremely negligent or reckless, your family could receive a considerable amount of money, no matter how old the deceased person was at the time they died.
Alabama law allows families to file survival actions in very limited circumstances. If the deceased person filed a lawsuit as soon as they were injured, but before they died, the lawsuit would survive their death.
Who Can File a Wrongful Death Lawsuit in Alabama?
In Alabama, the personal representative is responsible for filing the wrongful death claim. They will be the one who makes legal decisions about the case and whether to settle. The proceeds of the wrongful death claim would be divided among the heirs, although it is not part of the estate. Creditors would not be able to access this money to satisfy debts.
Statute of Limitations in a Wrongful Death Case
A family has a limited amount of time in which to file a wrongful death case.
Under Alabama law, all wrongful death actions must be filed within two years of the person’s death. Alabama law has much stricter timelines than other states.
If you do not file your case before the statute of limitations expires, you do not have legal action any longer. You would lose the right to sue entirely, even if you miss the deadline by one day.
Hire an Anniston Wrongful Death Lawyer Today
If you have tragically lost a loved one, we can help. Steve Morris Law fights for Alabama families when they must take on insurance companies and corporate interests. We level the playing field after an accident upends your life. We offer free consultations to Anniston families.