Wrongful Death Attorney in Birmingham
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Are you struggling to seek justice after the wrongful death of a loved one in Birmingham, Alabama? Losing someone due to another party’s actions is painful and overwhelming. You might be facing a difficult road ahead, but you don’t have to go through it alone. A Birmingham wrongful death lawyer can make a meaningful difference in your pursuit of accountability and financial recovery.
Attorney April H. Collins, an experienced wrongful death lawyer and founder of Collins Law, LLC can provide the support and guidance you need. Attorney Collins and her team will handle your case with the compassion and dedication it deserves and demand rightful consideration for your loss. Contact us today for a free initial consultation to discuss your options and take the first step toward justice for your loved one.
What Are the Benefits of Hiring a Birmingham, AL Wrongful Death Lawyer?
Getting fair compensation for a wrongful death claim in Alabama can be difficult. Alabama follows a pure contributory negligence rule, which can prevent surviving loved ones from recovering any compensation if the deceased was even slightly at fault for the incident. Insurance companies often use this rule to avoid paying out claims, which can leave you without the resources to move forward after your loss.
The best way to address these challenges is to work with a trusted attorney who understands the nuances of Alabama’s wrongful death laws and how they apply to your situation. A lawyer can identify key evidence to support your claim and communicate with insurance companies on your behalf, so you’re free to focus on healing. They can also act as your advocate, help you make informed decisions, and maximize your chances of securing full compensation for your claim.
At Collins Law, Birmingham wrongful death attorney April H. Collins and her team work tirelessly to empower families seeking justice and financial recoveries for their losses. Attorney Collins understands that wrongful death claims are more than just legal battles — they’re opportunities to demand accountability and honor deceased loved ones. This perspective drives her to pursue every wrongful death case with the integrity, empathy, and care it deserves.
Contact Collins Law today to gain a partner who prioritizes your interests and works diligently to demand a fair outcome on your behalf.
What Compensation Is Recoverable in a Wrongful Death Claim?
Alabama’s approach to wrongful death compensation differs from that of most other states. In Alabama, survivors cannot file wrongful death claims to recover compensation, such as reimbursement for final medical expenses, funeral costs, or the loss of the deceased’s projected income. Instead, Alabama law only allows you to claim punitive damages in wrongful death cases.
Rather than compensating you for specific losses, punitive damages aim to punish the responsible party for their actions and to deter similar behavior in the future. This unique approach emphasizes accountability rather than directly addressing the financial impacts of your loss.
Because punitive damages focus on the responsible party’s misconduct, Alabama courts evaluate the severity of that misconduct when deciding how much to award. Judges consider factors such as the extent of the defendant’s wrongdoing, whether they acted intentionally, and the broader impact on the deceased and their family.
While punitive damages don’t replace the financial and emotional support your loved one provided, they provide a means to hold the wrongdoer accountable. An attorney can guide you through the legal process of filing a wrongful death claim and seeking appropriate punitive damages for your loss.
How Are Wrongful Death Settlements Paid Out?
In Alabama, wrongful death settlements go to the deceased’s estate rather than directly to surviving family members. Once a wrongful death claim is resolved, the court decides the award amount, and the deceased’s personal representative or executor handles the funds. This person is responsible for distributing the settlement according to Alabama law.
Once the court determines an appropriate settlement amount, the personal representative allocates the funds to specific beneficiaries. Only certain family members qualify as wrongful death beneficiaries in Alabama. This group typically includes the deceased’s surviving spouse, children, and parents. If the deceased did not have immediate family members, the court might distribute portions of the settlement to other surviving relatives.
It’s worth noting that Alabama Code § 6-5-410 prohibits creditors from demanding wrongful death compensation to pay off any of the deceased’s debts. This means wrongful death settlements and court awards go solely to family members who qualify as beneficiaries.
You must demonstrate that another party’s actions or inaction caused your loved one’s death to prove a wrongful death case in Alabama. This requires clear evidence showing a direct link between the defendant’s behavior and the fatal incident. Establishing this link is essential for a successful claim, as Alabama courts need proof of the defendant’s role in the death to consider awarding punitive damages.
An Alabama wrongful death lawyer can gather and present the necessary evidence to build a strong case on your behalf. They understand the importance of supporting each element of your claim, from showing how the defendant acted to proving the impact of those actions.
Your attorney can use various types of evidence to support your claim. For instance, they might present photos, video footage, or medical records that indicate the cause of death and show the extent of harm the defendant caused. Witness statements can also add valuable context, and expert testimony can clarify complex details and strengthen your case. With the right evidence in place, your lawyer can develop a compelling argument to seek the justice and financial recovery you deserve.
The Alabama wrongful death statute says that only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This means no surviving family member can file their own wrongful death claim unless a court appoints them as the personal representative.
If the deceased was an adult, the personal representative is usually the executor named in their will. If there is no will or the nominated executor cannot serve as the personal representative, the court will appoint someone to manage the claim. In cases where the deceased was a minor, Alabama Code § 6-5-391 allows a parent to act as the personal representative. However, parents only have six months to file wrongful death claims after their children’s deaths. If they do not act within this timeframe, another representative must take over and file the claim.
If you believe you have a claim, Attorney Collins, a knowledgeable wrongful death lawyer in Birmingham, can explain the legal process and guide you through the necessary steps. Seeking legal guidance as soon as possible is the best way to ensure you meet all legal requirements and protect your family’s rights.
The Alabama wrongful death statute of limitations gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. If you wait too long and miss this deadline, the court will likely dismiss your case, which would eliminate your opportunity to seek justice for your loved one. In light of this strict timeline, you should contact a lawyer as soon as possible to discuss your options.
A wrongful death attorney can guide you through the filing process and submit all necessary paperwork on time. They will manage all the details of your claim and ensure the case progresses smoothly within the required filing window. Acting quickly to secure legal help can significantly increase your chances of building a strong case and holding the responsible party accountable.
Wrongful death cases can arise anytime someone’s careless, reckless, or intentional actions lead to another person’s death. Here are some examples of common types of wrongful death cases to help you determine if you have grounds for a claim:
- Car Accidents – Car accidents frequently result in wrongful death claims. If a driver is speeding, distracted, or driving under the influence, their actions can lead to fatal injuries. Families can seek justice by holding responsible drivers accountable for their loved one’s untimely death.
- Medical Malpractice – Patients can suffer serious or even fatal harm when doctors or other medical professionals fail to provide proper care. If a provider’s negligence causes a patient’s death, their family can file a wrongful death claim against those responsible for the error.
- Workplace Accidents – Certain jobs, especially those in construction or industrial settings, carry a higher risk of fatal accidents. If a worker dies due to unsafe conditions, faulty equipment, or inadequate training, survivors can file claims against employers or third-party contractors.
- Defective Products – If a product has a dangerous defect and causes a fatal injury, families can hold manufacturers, designers, or distributors accountable. Defective product cases commonly involve faulty vehicle parts, unsafe children’s toys, or harmful household items.
- Criminal Acts – If someone dies as a result of a criminal act, such as an assault or robbery, the perpetrator can face both criminal charges and a wrongful death lawsuit. While criminal cases aim to punish the offender, a wrongful death claim focuses on justice for the victim’s family.
Contact a Birmingham, AL Wrongful Death Attorney Today
If you’ve lost someone close to you and need help pursuing justice, contact Collins Law today for a free consultation. Our wrongful death law firm is ready to discuss your wrongful death claim and help you honor your loved one’s legacy.