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Birmingham Wrongful Death Lawyer

Losing a loved one can be an overwhelmingly emotional and difficult time for you and your family. When a loved one’s death was caused by another person’s negligence, many families feel a sense that they want to obtain justice not only for their loss, but also for the loss of their loved ones emotional and financial contributions.

While there is no amount of money that can ever replace the loss of your loved one, you may be entitled to file a wrongful death action on their behalf which can help ease the financial and even emotional pain and hardship.

A Birmingham wrongful death lawyer understands that this is an emotional and difficult time for you and your family. Our team of dedicated and compassionate accident lawyers wants to help you and your family and ensure that you recover emotionally and financially.

Wrongful Death Claims in Birmingham

When a person is injured because of another person’s negligent or reckless actions, such as when a person is injured in a car accident, many people are aware that they can file a personal injury lawsuit to recover compensation for their injuries.

However, what happens if a person dies because of another’s recklessness or negligence? In these cases, a Birmingham wrongful death lawyer can help file a wrongful death action.

Types of Wrongful Death Cases

Although various types of accidents and incidents may cause a loved one’s death, there are some very typical accidents and scenarios that lead to wrongful death claims including:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Slip-and-fall
  • Construction site accidents
  • Medical malpractice

Who May File a Claim?

Losing a loved one is always a traumatic event, however, in these times it is important to understand who is entitled to file a wrongful death claim. Under the Alabama Code Section 6-5-410, a Birmingham wrongful death lawyer can help, the personal representative of a deceased persons’ estate to file a wrongful death claim.

This is very different from many other states that allow a person’s descendants to file a wrongful death action for another’s wrongful act, omission or negligence.

However, where there is a minor child who is killed in an accident, a custodial parent can work with an experienced and compassionate Birmingham wrongful death lawyer to file a wrongful death lawsuit.

Compensation for a Wrongful Death Action

In a personal injury case, an injured person is generally entitled to full compensation for their losses including:

  • Medical costs
  • Lost wages
  • Property damage
  • Pain and suffering

However, a person who has lost a loved one in Birmingham in a wrongful death scenario generally is not able to recover these types of damages. Instead, the Alabama Supreme Court and the Alabama Pattern Jury Instructions make it clear that:

“The amount of damages should be directly related to the amount of wrongdoing on the part of the defendant or defendants. In assessing damages, you are not to consider the monetary value of the life of the child, for damages in this type of action are not recoverable to compensate the [family] of the deceased from a monetary standpoint on account of his death, nor to compensate the plaintiffs for any financial or pecuniary loss sustained by the family of the deceased on account of his death.” Atkins v. Lee, 603 So.2d 937, 942-943 (Ala. 1992).

This means that a court is not able to provide a family with financial relief for medical bills, funeral costs, and lost wages. Rather, punitive damages are meant to punish a person for their reckless or negligent actions.

Contact a Birmingham Wrongful Death Attorney Today

No matter what the cause of your loved one’s death, if another person’s dangerous, reckless, and negligent actions caused your loved one’s passing contact a Birmingham wrongful death lawyer today.

Our team of lawyers will work closely with you and will aggressively pursue any negligent party, to help you and your family heal.