Wrongful Death Attorney in Madison

Few things are more painful than losing a loved one to someone else’s wrongdoing. If this has happened to you in Madison, Alabama, the team at Collins Law, LLC, is here to be the voice you need to demand justice. We want to empower you to get the money you need to honor your loved one and get accountability for what happened to them.

Led by Attorney April H. Collins, our firm strives to provide devoted representation to people in situations like yours, and to do so with honesty, integrity, and compassion. Contact us today for a free consultation and to discuss your options.

What Are the Benefits of Hiring a Madison, AL Wrongful Death Lawyer?

Losing a loved one is difficult under any circumstances, but it is especially painful when their death is someone else’s fault. You should have the time and space right now to mourn your loss and to spend time with your family. At the same time, you deserve accountability, and your departed loved one deserves justice. That’s why you need a wrongful death lawyer in Madison.

While you spend time honoring your loved one’s legacy, Attorney Collins and our team will get to work by:

• Investigating their death to recover valuable evidence of other parties’ wrongdoing
• Determining everyone who could be held accountable for what happened
• Filing insurance and legal claims to start the litigation process
• Negotiating aggressively for a fair settlement if you’d like to secure justice without having to go to court
• Preparing for litigation and going to trial if you’d rather have your day in court

All the while, we will support you with empathy and integrity, so that you feel that your voice is heard and that your loss is acknowledged. We will not charge any fees unless we win your case, and we never take any more money than you would as part of the settlement or verdict.

Don’t wait — contact Collins Law today to begin demanding justice.

What Compensation Is Recoverable in a Wrongful Death Claim?

In many states, wrongful death compensation can account for a variety of personal and financial costs associated with a loved one’s passing. For example, it might cover the cost of final medical bills, funeral expenses, loss of financial support, and loss of companionship and guidance. However, Alabama is unique in that it approaches these cases differently.

Rather than compensate the estate or survivors for specific harms they’ve suffered, a successful wrongful death claim in Alabama recovers only punitive damages. These are awarded at trial to punish a wrongdoer for their harmful actions rather than to compensate the injured parties for specific things they’ve lost as a result.

As a general rule, the IRS has held that compensatory damages are not taxable, as they are awarded to undo losses an injured party should not have suffered. Punitive damages, on the other hand, generally are taxable, as they do more than simply return the injured party to the state they should already have been in.

However, there is an exception to this rule for “damages awarded for wrongful death, where under state law, the state statute provides only for punitive damages in wrongful death claims.” In other words, punitive damages recovered through a wrongful death claim in Alabama are not taxable.

How Are Wrongful Death Settlements Paid Out?

Now that you understand the money you could recover in a wrongful death case, you might wonder How wrongful death settlements are paid out. The Alabama wrongful death statute states that damages recovered in a wrongful death claim will not be used to pay the deceased’s debts or liabilities. Rather, they are distributed to survivors according to the statute of distributions.

Under this rule, wrongful death beneficiaries in Alabama are as follows:

• If the deceased left a surviving spouse but no children or parents, the spouse receives the entire award.
• If the deceased left behind a surviving spouse and surviving parents but no children, the spouse gets the first $100,000 and half the remaining damages. The parents get the other half of the remaining damages.
• If the deceased left surviving children but no surviving spouse, the children split the damages evenly.
• If the deceased left a surviving spouse and children they share with that spouse, the spouse gets the first $50,000 and half the remaining damages. The children share the other half evenly.
• If the deceased left a surviving spouse and surviving children from another relationship, the spouse and children split the award evenly.
• If the deceased left no surviving spouse and children but did leave behind surviving parents, the parents split the award evenly.
• If the deceased left behind no surviving spouse, children, or parents, surviving siblings split the damages evenly.
• In cases where none of the above parties survive the deceased, the next of kin recover damages.

A Madison wrongful death lawyer can review your case to determine how much you and other survivors might stand to recover, given your unique situation.

What Must You Prove in a Wrongful Death Case?

Alabama’s wrongful death statute defines a death as wrongful if it results from another party’s “wrongful act, omission, or negligence.” This definition can cover a wide range of scenarios. For example, intentional assault is a wrongful act that could give rise to a wrongful death case if the assault proves fatal. Merging lanes without checking one’s blind spot is an act of negligence, which could give rise to a wrongful death case should it result in a fatal car accident.

The elements you must prove to win your wrongful death case in Alabama will depend on the specifics of your loved one’s passing and the legal theory you’re pursuing. That said, the general point you must prove is that your loved one would still be alive but for the actions of another party.

To do this, you may need evidence like:

An experienced attorney can recover the evidence you’ll need to win your wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit in Alabama?

Different states have different rules about who can initiate a wrongful death claim. In some, closely related survivors like spouses, children, or parents have the right to bring a claim. However, in Alabama, only the personal representative of the deceased’s estate may file. Often known as an executor, the personal representative should be named in the deceased’s will. If the deceased died without a will or there are reasons their nominated personal representative cannot serve in that function, a court may name a personal representative for the estate.

However, while the personal representative is the sole party who may bring suit, they do so on behalf of the deceased’s close survivors. Remember, spouses, children, and parents have the first right of recovery in wrongful death claims in Alabama.

How Long Do You Have to File a Wrongful Death Lawsuit in Alabama?

The Alabama wrongful death statute of limitations establishes the deadline by which the personal representative must file their case. This law holds that you generally have two years from the date of death to take legal action against at-fault parties.

While there are certain exceptions to this rule, it’s best not to wait. If you attempt to file after the statute of limitations has expired on your claim, the court may dismiss your suit as untimely filed, costing you your right to recovery.

Don’t put your wrongful death suit at risk. Instead, get in touch with an experienced Madison wrongful death attorney from Collins Law today.

What Are the Common Wrongful Death Cases?

Virtually anything that could give rise to a personal injury case could also give rise to a wrongful death claim if the injured party dies as a result. Some of the most common wrongful death cases involve the following:

Remember, how your loved one died is less important to your legal prospects than why they died. If someone else’s “wrongful act, omission, or negligence” led to your loved one’s death, you can likely hold that person liable by pursuing a wrongful death case against them. If you’re unsure about whether you have a case, contact Collins Law today. We’ll review the facts for free and explain your options to you in detail.

Contact a Madison, AL Wrongful Death Attorney Today

Have you lost a loved one in Madison, Alabama? Do you suspect someone else is to blame for what happened? If so, the wrongful death law firm of Collins Law can empower you to get the money and justice you deserve. Contact us today to learn what an Alabama wrongful death lawyer can do for you.