Has Your Loved One Been Killed due to Wrongful Conduct?
If your loved one died due to someone else’s negligence, you might be able to bring forward a wrongful death claim. Wrongful death lawsuits allow a deceased person’s estate to seek financial compensation for expenses like medical bills, funeral expenses, and emotional distress.
According to Alabama law, a wrongful death claim serves to grant damages for a death caused by a wrongful act, omission, or negligence from any person or corporation.
An experienced attorney can file a wrongful death claim and bring the negligent party to justice.
By contacting the Huntsville wrongful death attorneys at Mama Justice, you can learn about your legal options that can help you find peace and restitution.
What Constitutes a Wrongful Death Claim in the State of Alabama?
In Alabama, wrongful death is defined as a death that’s caused by a “wrongful act, omission, or negligence” of another party. Wrongful death lawyers approach a wrongful death lawsuit similar to personal injury lawsuits. The main difference between what legally constitutes either case is the severity of the result.
Alabama Statute of Limitations
According to Alabama law, a wrongful death claim can be brought only within two years of the victim’s death. If a wrongful death claim is not brought forward within this time, you may lose your ability to take civil action and receive financial compensation.
Because of this, you must bring forward a wrongful death claim in Alabama within two years of a loved one’s passing. If you’re unsure of whether your case has passed the statute of limitations as laid out by the state of Alabama, contact the Huntsville wrongful death attorneys at Mama Justice for a free consultation. We can help you understand if you have a case or not.
Proving a Wrongful Death Claim in Alabama
When another party’s careless, reckless, or negligent actions cause the death of another, a wrongful death lawsuit can be brought against the at-fault party.
In general, there are three areas of proof necessary to win a wrongful death lawsuit in Alabama:
- Evidence of duty of care.
- Breach of duty of care.
- A causal link between the breach of duty of care and the victim’s death.
Duty of care refers to the responsibility of one person to another. In different situations with different people, there are various duties of care.
For example, the duty of care between two people on the road is different from a doctor and a patient. If someone were to collapse on the side of the road and a driver on the road didn’t immediately stop and medically intervene, instead only calling 911, that would not be a breach of duty of care. However, if a doctor saw a patient convulsing at a hospital and did not do anything to help, there was a breach of duty of care.
Compensatory vs. Punitive Damages for Wrongful Death Claims in Alabama
Bringing forward a wrongful death claim through a Huntsville wrongful death attorney can provide a deceased victim’s family financial restitution. Wrongful death lawsuits allow bereaved families to be taken care of in the absence of their loved ones.
A wrongful death lawsuit in Alabama relies primarily on proof of negligence. This is because Alabama law only affords punitive damages instead of compensatory. Understanding how this law works is important to know what you can expect from a case. Alabama has stringent laws when it comes to compensation that requires expert attorneys to help you get the financial aid you need.
Compensatory damages are intended to take care of the deceased victim’s beneficiaries. Compensation is intended to replace the financial support the deceased provided for their family. This kind of compensation is calculated based on age and income or sometimes the potential income of the deceased. For example, the death of a family’s primary income producer would bring larger compensation than someone who does not provide financially for the family.
In Alabama, compensatory damages are not afforded. This means that the degree to which death may financially impact a family has no bearing on the amount of compensation given. Instead, damages are designed around being punitive to the wrongdoer.
Punitive damages are calculated based upon the amount of negligence the responsible party acted with instead of the total financial damage caused. Alabama law intends to use compensation in a wrongful death case as a deterrent. Legal services performed with this in mind would focus on the negligence of the responsible party, which will increase the amount of total compensation.
When dealing with a wrongful death claim, a wrongful death attorney will be able to seek the best possible financial compensation for you.