There is no right or wrong way to deal with death. Everyone grieves in their own way. Losing a loved one is devastating —especially when that person died due to someone else's negligent behavior.
If you have unexpectedly lost a loved one, the Birmingham wrongful death lawyers at Cory Watson Attorneys will help you through this emotionally challenging time. It is our job to handle every step of your case, so you can focus on mending your life.
To find out how we can help, contact our law firm today by phone or fill out the free case evaluation form. We offer 100% free, no-obligation case reviews, and you only pay us if we handle your case and obtain compensation for you.
What is a Wrongful Death?
According to Ala. Code § 6-5-410, any death that occurs due to the negligent or wrongful actions of another could be considered a wrongful death. Therefore, if another party's misconduct, negligence, or intentional act is the cause of your loved one's passing, you may have the right to file a civil claim against them.
Here, you will seek compensation for your suffering and that of the deceased to hold the liable party accountable to the fullest extent of the law and bring justice for your deceased loved one.
There is a Deadline to File a Wrongful Death Lawsuit in Alabama
You must act quickly to move forward with a wrongful death lawsuit in Birmingham. According to Ala. Code § 6-2-38, Alabama's statute of limitations for wrongful death claims is just two years.
If your lawsuit is not filed before the deadline expires, you will no longer have the right to have your case heard within the civil court system. For this reason, getting a wrongful death attorney in Birmingham on your case as soon as possible is essential.
Who is Eligible to File a Wrongful Death Claim?
You might be anxious to move forward with your wrongful death claim, but before you do, you must make sure you have the authority to file the claim. Under Alabama law, the individual with authority to file is based on whether the decedent was a minor or an adult.
If the decedent were a minor or someone 19 years of age or younger, their surviving parents would have the opportunity to file a wrongful death action up to six months from the date of their passing. However, once this deadline passes, the decedent's personal representative has the authority to file the claim.
If the decedent was an adult, only the personal representative of the decedent's estate has the authority to file a wrongful death claim. This could be virtually anyone the decedent appointed to handle their affairs in the event of their passing.
If you are unsure whether you have the authority to move forward with a wrongful death claim in Birmingham, do not hesitate to contact our office to find out what options are available.
Recoverable Damages for Wrongful Deaths
Alabama is one of the most unique states in handling wrongful death actions. Instead of seeking compensation for the decedent's funeral and burial expenses, medical bills, and survivors’ benefits, the court system only awards punitive damages for wrongful death claims.
These are designed to punish the defendant for their conduct and prevent similar actions from occurring in the future. Since Alabama law does not have a cap on the amount of punitive damages that could be awarded, there is no limit to the amount of compensation your family could recover in your wrongful death claim.
Get Started with Your Claim by Contacting a Birmingham Wrongful Death Attorney Today
While nothing can replace the loss of a loved one, compensation can help alleviate the burdens of funeral expenses, lost wages, and unpaid medical bills. In addition, a wrongful death lawsuit can help ensure that those responsible for your loved one's death are held accountable for their negligence.
If you have lost a loved one, our experienced team of lawyers understands the sensitive nature of wrongful death claims and will handle your case with the compassion it deserves.
The Birmingham wrongful death lawyers at Cory Watson Attorneys sympathize with your situation—lean on us for the support you need.
Birmingham Office Location
2131 Magnolia Ave s.Birmingham, AL 35205