Wrongful Death Attorney in Alabama

The sudden loss of a loved one is devastating under any circumstances. However, when someone else’s bad behavior is to blame, the pain of that loss can be overwhelming. If this happened to you, your loved one deserves justice, and you and your family deserve accountability for what happened. Let Attorney April H. Collins of the Alabama personal injury firm of Collins Law, LLC help you demand them.

Our law firm stands ready to represent you and your family with the integrity, honesty, and compassion you need during this challenging and sensitive time. Contact us today to schedule a free, no-obligation consultation. Learn how an experienced Alabama wrongful death attorney can empower you to get the money you need to move forward with dignity and hope.

What Are the Benefits of Hiring an Alabama Wrongful Death Lawyer?

Have you recently lost someone close to you because of the carelessness, recklessness, or other legal fault of another party? If so, you deserve the time and space to mourn their passing. At the same time, you’re entitled to justice and to hold those to blame for your loved one’s passing accountable for what they’ve done. Don’t make the mistake of handling your claim yourself and putting your rights at risk. Instead, turn to Attorney Collins for assistance and guidance.

Here are just a few of the benefits you’ll get by working with an Alabama wrongful death lawyer:

• We start by reviewing your case for free so that you can learn about your options without any financial risk.
• If you trust us to handle your case, we will do so at no upfront cost to you; we collect fees and costs only when we win your case.
• Our team will thoroughly investigate the incident to determine what happened and who’s to blame.
• We will file your insurance claims or lawsuits on your behalf and then forcefully negotiate for an out-of-court settlement if that’s the route you want to take.
• We will thoroughly prepare your case for litigation and aggressively present it at trial if the liable party won’t make a fair settlement offer or you’d prefer to have your date in court.
• When we win cases, we never take home more than our client would, ensuring that the compensation they deserve stays in their pocket.

Throughout the process, we will treat you with the respect, compassion, and understanding you deserve during this challenging time. Our law firm strives to empower you to get the money you and your family need to move on from your tragic loss, as well as accountability and justice.

What Compensation Is Recoverable in a Wrongful Death Claim?

The Alabama wrongful death statute can be found in § 6-5-410 of the Alabama Code. It allows the personal representative of someone who dies because of the “wrongful act, omission, or negligence” of other parties to bring a suit for wrongful death against those parties. If a jury agrees that those parties caused the decedent’s death, it can award damages. In most states, such a claim would result in wrongful death compensation for things like medical expenses, funeral costs, and loss of financial support.

However, Alabama is unique in that successful wrongful death cases do not recover compensatory damages. Instead, they recover punitive damages, which are meant to punish a defendant for their wrongful acts rather than to compensate the estate or survivors for particular harms they suffered.

Typically, compensatory damages are not subject to taxes, as they merely offset losses the injured party should not have suffered in the first place. Punitive damages, on the other hand, are usually treated as taxable income. Fortunately, this is not the case in Alabama, as the IRS has a carve-out for “damages awarded for wrongful death, where under state law, the state statute provides only for punitive damages in wrongful death claims.”

How Are Wrongful Death Settlements Paid Out?

As for how wrongful death settlements are paid out, you’ll find the answer in subsection (c) of Alabama’s wrongful death statute. The text further clarifies that damages recovered this way are not subject to paying the deceased’s debts or liabilities but are instead distributed to survivors according to the statute of distributions. In other words, wrongful death beneficiaries in Alabama are as follows:

• If the deceased has a surviving spouse and no children or parents, the spouse receives all the damages.
• If the deceased has a surviving spouse and surviving parents but no children, the spouse gets the first $100,000 and half the remaining damages, the other half going to the parents equally.
• If the deceased has children and no surviving spouse, the children share the damages equally.
• If the deceased has a surviving spouse and children they share with that spouse, the spouse gets the first $50,000 and half the remaining balance, the rest of which is shared equally among the children.
• If the deceased has a surviving spouse and children from another relationship, the spouse gets half the damages, while the surviving children share the other half equally.
• If the deceased has no surviving spouse or children, the parents share the damages equally.
• If the deceased has no surviving spouse, parents, or children, any surviving siblings share the damages.

If none of these situations apply, the money goes to the next of kin. Contact our wrongful death law firm to learn more about how damages may be paid out in your claim.

What Must You Prove in a Wrongful Death Case?

What you’ll need to prove in order to win your wrongful death case depends on what legal theory you bring it under.

For instance, if your loved one died in an accident, you will likely need to show that the accident resulted from someone else’s negligence — that is, their failure to behave with appropriate care given the circumstances. As an example, this could mean showing that another driver ran a red light and hit your loved one. Alternatively, perhaps a shop owner did not make repairs to their property, causing your loved one to slip and fall on a loose step. The elements you’ll need to prove will be different if you bring your claim under theories such as negligence per se, intentional harm, or strict liability.

Regardless of which theory your Alabama wrongful death lawyer pursues, the essential point is the same: your loved one died as the direct result of something someone else did but should not have done, or did not do but should have done.

Who Can File a Wrongful Death Lawsuit in Alabama?

In Alabama, only the personal representative of the deceased’s estate can initiate a wrongful death lawsuit. If your loved one left behind a will, they should have nominated someone to serve in that role within the document. If they did not, the court will appoint someone instead, usually a close family member.

However, while the personal representative files the wrongful death claim, they do so for the benefit of the deceased’s survivors. Survivors can include the deceased’s spouse, children, parents, siblings, or more distant relatives, depending on the circumstances.

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

Unfortunately, you do not have unlimited time to bring your case, as the Alabama wrongful death statute of limitations sets a deadline by which you must bring your suit.

Generally, you have two years from the date of your loved one’s death within which to file suit. If you attempt to file once the statute of limitations has expired for your claim, the court will likely dismiss it as untimely filed, and you will no longer be able to recover damages.

Do not put your right to justice and accountability at risk. Instead, get in touch immediately with Attorney Collins, a reputable wrongful death lawyer in Alabama, for help preparing and pursuing your case.

What Are the Common Wrongful Death Cases?

Virtually anything that can lead to a personal injury case can lead to a wrongful death case should the injured party pass away as a result. That said, some of the most common sources of wrongful death cases are as follows:

Again, the important thing in wrongful death cases is not necessarily how the person died, but rather why they died. If someone else’s actions or inaction caused their death, the deceased’s personal representative could likely bring a wrongful death claim against that party.

Contact an Alabama Wrongful Death Attorney Today

Have you lost a loved one because of something someone else did? If so, you deserve justice and accountability. Attorney Collins and the team at Collins Law want to empower you to get it.

While you mourn your loss and spend time with your family, we’ll get to work investigating the incident and establishing liability. Next, our law firm will draft and send demand letters and file insurance claims as needed. Should the other party refuse to make a fair offer during settlement negotiations, we won’t hesitate to litigate your claim in court and present it before a judge or jury.

Discover how a wrongful death lawyer in Alabama can help you and your family honor your loved one’s legacy. Contact us now for a free, no-obligation consultation.