Wrongful Death Attorney in Birmingham, AL
Wrongful death occurs when someone suffers a catastrophic injury that results in death. If you lose a loved one because of someone else’s negligence, recklessness, or irresponsible behavior, a wrongful death attorney at the Birmingham law firm of Frank S. Buck, P.C., understands the Alabama wrongful death statute and can help you file a claim.
Spouses, children, parents, and extended family members can file wrongful death claims in Alabama. The statute of limitations in Alabama for wrongful death lawsuits is 2 years. Call a Birmingham wrongful death lawyer immediately if a loved one dies because of medical malpractice, defective product, vehicular accident, including airplanes, slip and fall injuries, or workplace injuries.
Lawsuit claims, in general, may include costs for medical bills, pain and suffering on the part of the survivors, loss of future wages, loss of companionship, and loss of future benefits for the spouse, including pensions and medical insurance, and funeral arrangements.
The grief and suffering caused to the parent, spouse or domestic partner by the deceased’s death is compensated with a sum of money which is commonly called solatium. This does not in any way represent meaningful compensation for the loss suffered, but is intended only to acknowledge the emotional loss.
If a loved one dies in Alabama, the question of whether or not you can file a wrongful death case depends on a number of factors. In this regard, our state’s laws are quite unique. In order to determine if you can file a wrongful death lawsuit, there are a few questions that need to be answered. Contact our wrongful death lawyers for more information.
Wrongful Death Damages
Wrongful death lawsuits in Alabama are usually filed by the personal representative of the decedent’s estate and proceeds from such actions, which are also known as “damages”, are distributed directly to the decedent’s heirs-at-law. In other words, it would be as if he/she had died without a will, and the proceeds go to the intestate heirs of the decedent. In addition, this money cannot be used to satisfy the debts or liabilities of the decedent’s estate.
The type of damages that can be awarded is another way that makes Alabama wrongful death cases different and unique from most other states. In other states, you can file a lawsuit for compensatory damages, such as medical costs, lost wages, lost earning capacity, and a few more. But in Alabama, you are only allowed to sue for punitive damages.
Punitive damages are also known as retributory damages, exemplary damages or vindictive damages. These are damages awarded in excess of the claimant’s loss and are intended not to compensate the claimant but to punish the defendant.
The amount of compensatory damages people are awarded is the basis for the amount of punitive damages an injured person may receive. Courts may award punitive damages up to three times the amount of the total compensatory damages in Alabama. Although for punitive damages, there is a cap of $1.5 million.
More than just simple negligence on the part of the at-fault party needs to be shown to recover punitive damages. You will need to show convincing proof that the death of your loved one was caused by willful, malicious, or grossly negligent actions. With this being a much higher bar to clear, it is strongly advised that you work with a wrongful death attorney who has extensive experience with wrongful death cases, and the proven ability to achieve favorable results on behalf of their clients.
Call our law firm today to speak with an expert wrongful death attorney in Alabama.
Is Filing A Wrongful Death Lawsuit A Waste Of Time?
Many people may feel like it is a lost cause to file a wrongful death claim in the state of Alabama, and that is pretty understandable. There are also some instances where others may even opt to just make amends with the situation without seeking justice in the courtroom and instead focus on grieving the loss of their loved ones. Before making any final decisions, talk to our knowledgeable wrongful death lawyers at Frank S. Buck Law Firm to see how we can help.
All aspects of your case will be analyzed by an experienced wrongful death attorney. This includes the steps that all parties involved have taken in the meantime and the circumstances surrounding the death of your loved one. Accurate and up-to-date answers to your many questions will also be provided by your wrongful death attorney to keep you informed and educated along the way. If you hire a lawyer, it will be much easier for you to focus on being there for your family during such a distressing time, which is the most important task.
If a loved one has died due to the negligence of an individual or company, wrongful death attorneys at the Birmingham, Alabama law office of Frank S. Buck, P.C., can get you the compensation you deserve before it is too late.