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Missy Wigginton

Hello friends and family, I am Missy Wigginton, also known as Mama Justice. When meeting me, some people ask me how I got my name. The answer: I h...

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Hamilton, AL- Wrongful Death Lawyer

Was your loved one killed as a result of another person’s negligence? You may have legal options available to help you move forward. Speak with a Hamilton wrongful death lawyer at Mama Justice today.

No one expects to lose a loved one in a sudden accident, and when the incident is the result of someone else’s negligence, it only becomes even more difficult. Unfortunately, these types of accidents are common, as around 40,000 people in the United States die each year in auto accidents due to the actions of another person or entity.

When this happens, surviving family members are often left without the answers or financial compensation they need to deal with the resulting economic losses. Mama Justice is here to help ensure that doesn’t happen to you.

Our experienced Hamilton wrongful death lawyers will fight for answers to make sure you are compensated for your losses. Contact us today to get the justice you deserve.

What is Wrongful Death?

Wrongful death is a civil case brought by family members and dependents against individuals who caused the death of another person. A wrongful death action can have higher stakes than a criminal case, the highest of which are for those making the products or performing the actions that resulted in the death.

Wrongful death claims are usually brought against a defendant who caused someone’s death intentionally or through negligence. To file a wrongful death claim, an estate representative brings the lawsuit on behalf of surviving family members affected by the death. The deceased’s estate may also sue for damages that occurred before their passing.

A civil lawsuit may be filed by the family members of a person killed due to the negligence or intentional actions of another party, even if the other party is never criminally charged or convicted. A surviving family member may seek damages for their economic losses, including past and future medical costs, loss of companionship, lost wages, funeral expenses, emotional distress, negligent conduct, and more.

Statues of Limitations of a Wrongful Death Lawsuit

There is a time limit on filing a wrongful death claim in Hamilton. Statutes of limitations for wrongful death claims are designed to protect insurance companies, other parties that may have caused the death, and defendants who played an indirect role in causing the action.

The claimant must file the wrongful death claim within two years of the decedent’s death. If the time limit is exceeded, the defendant has grounds to ask the court to reject the case and the judge will certainly do so. However, there are exceptions to every rule.

Exceptions to Statute of Limitations for Wrongful Death Cases in Hamilton

There are exceptions to the statute of limitations for wrongful death cases in Hamilton, allowing you to hold a negligent party accountable for your loved one’s death even if more than two years have passed since their passing.

One of these exceptions is known as the discovery rule. The discovery exception applies even if you found out about your loved one’s death long after it occurred. If you give the court proof that, when your loved one passed away, you were unaware of the negligence of another person or company, then your case can move forward.

When is a Wrongful Death Lawsuit Applicable?

Most people are familiar with the concept of wrongful death but may not know when it is applicable. To determine whether or not a claim exists, the court will analyze whether the defendant’s actions were negligent or intentional and whether that negligence resulted in death.

If it is determined that the defendant is liable for wrongful death damages, then family members may be eligible to file a wrongful death lawsuit with the help of an experienced wrongful death attorney to help them recover compensation.

A surviving family member may be able to recover compensatory damages for their loss. If you have recently lost a loved one under these circumstances, it is important to speak with an experienced wrongful death attorney who can help you understand your legal rights and help you win a wrongful death case.

Wrongful Death Claims in Hamilton

In Hamilton, when a person dies as a result of the actions (or inaction) of another party, the family members of the deceased may have a legal claim for wrongful death. Depending on the circumstances, different types of claims may be available. Each type of wrongful death claim has specific elements that must be proven for the case to be successful.

Death by negligence occurs when someone dies due to another person’s carelessness or recklessness. For this type of claim to be successful in Hamilton, it must be shown that the person who caused the death was negligent and that this negligence led directly to the victim’s death.