Some of the hardest types of cases for attorneys to handle are Birmingham wrongful death cases. No matter how much money they get the victim’s family, they cannot do anything to bring their loved one back. And, even if the defendant is made to pay, it doesn’t always feel like justice. If your mom or dad was killed in a car accident, you are going to be devastated. Or imagine if your teenager is killed by a drunk driver.
It isn’t about money. It is sometimes about justice. Birmingham wrongful death lawyers take this very seriously. They understand what it is all about for you. They will work tirelessly to not only get you justice but to make the defendant pay.
Here, we explain how a wrongful death case works and what kinds of damages you can claim.
What Is a Birmingham Wrongful Death Case?
A wrongful death case in Alabama is like any other personal injury case. The only difference is that the victim didn’t survive their injuries. This means they can’t speak up for themselves. They can’t demand damages because they are no longer with us. This means your family has to step up for them.
They can file suit against the person responsible for your loved one’s death. This may involve filing an insurance claim. If that claim is paid, you may receive your check within a few weeks or months. However, more likely than not, they’ll deny your claim and hope that you walk away. They don’t realize that you’ll just hire an attorney who will make things even more difficult for them.
Once they realize that you’ve retained a wrongful death attorney in Birmingham, they may change their tone. They will either be willing to settle your claim, or they’ll put their defenses up and you’ll have no choice but to file suit. Either way, you need to call an experienced wrongful death attorney in Alabama right away. You won’t have as much time to prepare your case as you may think, and you don’t want to make your lawyer’s job any harder than it already is.
Who Can Sue for Wrongful Death in Alabama?
In many states, any family member can sue for wrongful death on behalf of their loved one. That isn’t the case in Alabama. Only the personal representative of the victim’s estate can file suit. And, they can only demand the same damages the victim could have demanded had they survived.
Many other states allow the family to sue for things like loss of consortium and companionship. They can demand lost future earnings that the family would have benefited from had the deceased survived.
In Alabama, that isn’t the case. The goal of the court in Alabama is to punish people for wrongful death claims. They want to punish the defendants, so people won’t want to do it in the future. Deterrence and punishment are more important to the court than anything else.
This means that aside from the expenses the victim could have recovered, all the family is entitled to are punitive damages. There is no pain and suffering. There are no burial or funeral expenses. In this way, Alabama is a lot more unique than other states. Thankfully, your Birmingham injury attorney understands the law and is familiar with the law.
Call and Talk to a Skilled Wrongful Death Attorney Right Away
If your loved one is killed in any sort of accident, you’re going to need help. The last thing you’re going to want to do is deal with insurance adjusters or lawyers. You need to take care of your family and take the necessary time to grieve. This is where an experienced Birmingham injury lawyer can help.
They’ll deal with the insurance company on your behalf, and if need be, they’ll file a wrongful death lawsuit on your loved one’s behalf. They will work hard to get your family the compensation you deserve. But remember – the goal is to get justice for your loved one. A wrongful death suit will not make you rich. The law doesn’t allow for that to happen. However, you will be made whole and the defendant will have to pay for what they have done.
Call today and schedule your initial consultation. You can sit down with someone who has handled several cases just like yours. They’ll ask all the right questions and answer any that you may have. They can also give you an idea of what your case is worth. The consultation is free, and you don’t pay a dime until you settle or resolve your case.
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