Losing a loved one is always tragic, and when that loss of life is caused by someone else’s negligence or wrongful conduct, it can be even more devastating. Each year, thousands of people die prematurely due to preventable injuries, and in these cases, the surviving family members often face an uphill battle to seek justice.
What Our Clients Say
If you have lost a loved one as a result of the wrongful conduct of another person or corporation, you may need the help of an experienced wrongful death lawyer in Birmingham, Alabama. Wrongful death claims are among the most complex and emotionally charged cases. While the primary goal is justice for the victim’s family, the legal process also involves navigating the intricacies of Alabama’s unique legal landscape.
Hare Wynn has over a century of experience representing families in their pursuit of justice for the death of a loved one.
Our experienced wrongful death legal team at Hare Wynn can guide you through this difficult journey, ensuring that your family’s rights are protected, and justice is obtained.
What Are the Grounds for a Wrongful Death Lawsuit?
A wrongful death lawsuit can be filed if the loss of a loved one is due to another party’s negligence, recklessness, or intentional actions. Some common scenarios include:
- Car Accidents: A drunk or distracted driver causes a fatal crash.
- Medical Malpractice: A doctor’s misdiagnosis or negligent surgical procedure results in death.
- Criminal Acts: Assaults or violent crimes that lead to the victim’s death.
A skilled wrongful death lawyer will help determine the grounds for your claim and guide you through the complex legal process.
How Long Do I Have to File a Wrongful Death Lawsuit?
In Alabama, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased’s death. It’s crucial to file within this time frame to ensure you don’t forfeit your right to seek justice.
What Damages are Available for Wrongful Death in Alabama?
In Alabama, punitive damages are the only damages available for wrongful death. These damages serve to punish the responsible party and preserve human life by deterring similar wrongful conduct in the future. It is a way of holding those responsible accountable and sending a message that negligent conduct leading to loss of life will not be tolerated.
In some situations, a person injured by another’s misconduct is able to file suit before dying from those injuries. In those situations, compensatory damages may be recovered for the personal injury claim and punitive damages may be recovered for the wrongful death claim.
Who Can Sue for Wrongful Death in Alabama?
In Alabama, only the personal representative of the deceased’s estate is authorized to file the claim. This representative is typically a family member, such as a spouse or child, but must be appointed by the probate court to act on behalf of the decedent’s estate.
Types of Wrongful Death Defendants
The individuals or entities you can sue in a wrongful death case will depend on the circumstances surrounding the death. Some of the most common defendants include:
- Hospitals and Healthcare Providers: If negligence by medical professionals, such as a misdiagnosis, leads to death.
- Drivers: In the case of fatal car accidents, the negligent driver may be held responsible.
- Trucking Companies: If a truck driver’s negligence causes a fatal accident, both the driver and the trucking company may be liable.
- Drug and Product Manufacturers: If a defective product or dangerous drug causes death, the manufacturers can be sued.
- Criminals: While rare, criminals who intentionally cause death may be sued in civil court for wrongful death.
- Property owners: Sometimes, customers and social guests suffer fatal injuries due to a hazardous condition on another’s property.
- Bars and liquor stores: In Alabama, if a licensed vendor of alcohol overserves an individual who then injuries or kills another person while intoxicated, then the vendor can be held liable for that injury or death.
Wrongful Death Cases We Handle
At Hare Wynn, we handle a wide variety of wrongful death cases, including but not limited to:
Call Our Compassionate Wrongful Death Legal Team
The loss of a loved one is one of the most difficult experiences you can face. Dealing with the legal side of things should be the last thing on your mind during such a time. That’s why you need a compassionate wrongful death lawyer by your side.
Our team at Hare Wynn is dedicated to providing the support you need while fighting for the justice your family deserves. We have a proven track record of securing millions of dollars in wrongful death settlements and verdicts. Let us handle the legal complexities so you can focus on what truly matters — healing and remembering your loved one.
Frequently Asked Questions
What is a wrongful death lawsuit?
A wrongful death lawsuit is filed when someone dies as a result of another person or entity’s negligence, recklessness, or wrongful conduct. The surviving family members can seek justice and hold the responsible party accountable.
Who can file a wrongful death lawsuit in Alabama?
In Alabama, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This is typically a family member, such as a spouse or child, who is named as the personal representative.
How long do I have to file a wrongful death lawsuit in Alabama?
In Alabama, you generally have two years from the date of the loved one’s death to file a wrongful death lawsuit.
Can I sue if my loved one died in a car accident or truck accident?
Yes, if your loved one died in a car or truck accident caused by another driver’s negligence, you may have grounds for a wrongful death lawsuit. This could include accidents involving drunk driving, speeding, or other forms of reckless or negligent driving.
How do I know if I have a valid wrongful death claim?
If your loved one’s death was caused by another person’s negligent or wrongful actions, you may have a valid wrongful death claim. Contacting an experienced wrongful death attorney is the best way to evaluate your case.
