Losing a loved one is one of the most painful experiences anyone can endure, and when that loss is due to someone else’s negligence, the grief can feel overwhelming. At such a difficult time, the last thing you should have to worry about is financial strain. While no amount of compensation can ever truly make up for your loss, a wrongful death settlement can help alleviate some of the burdens, allowing you to focus on healing and being with your family. A compassionate Montgomery wrongful death lawyer from Floyd Hunter Injury Law can guide you through the process, helping to ensure you receive the justice and support your family deserves.
Have You Lost a Loved One Because of the Recklessness of Another?
Losing a loved one due to someone else’s recklessness is devastating. A compassionate wrongful death lawyer in Montgomery will guide you through the legal process and help you pursue the justice and compensation your family deserves.
Getting Help is Easy
Getting the legal assistance you need while you are grieving a loved one should be easy. That’s why we are available to take your call or get in touch online 24/7.
You Deserve Financial Relief
Recovering damages in a wrongful death lawsuit cannot bring your loved one back, but it can help make ends meet during a difficult time. We are committed to fighting for the compensation you are legally owed.
No Upfront Fees
Those Thumbs Up Guys® at Floyd Hunter work on a contingency-fee basis, meaning you don’t pay until we recover compensation for your loss. We get paid a percentage of the final settlement, so you don’t have to pay any upfront fees to get started.
Put an Award-Winning Firm on Your Side!
How Is Wrongful Death Defined in Alabama?
As laid out in Ala. Code § 6-5-410, wrongful death is defined as a “wrongful act, omission, or negligence causing death.” In simple terms, if someone could have filed a personal injury lawsuit had their injury not resulted in death, there may be a valid wrongful death claim. This statute outlines a few specific requirements.
- The action must be commenced within 2 years of the person’s death.
- The action must originate in the county where the deceased would have filed the lawsuit.
- Damages are not subject to collections by the estate’s creditors.
- Compensation must be divided according to Alabama’s statute of distributions.
Many types of accidents and injuries can result in a wrongful death claim, including car wrecks, medical errors, falls, and trauma caused by dangerous products. If you’re unsure whether you have a valid lawsuit, contact our office in Montgomery for a free consultation.
Filing an Alabama Wrongful Death Lawsuit
Alabama wrongful death claims differ from most other states due to both who is eligible to file a claim, and the types of damages that can be recovered. In Alabama, only the personal representative of the deceased person’s estate can file a wrongful death claim on behalf of the family. Alabama law only allows for the recovery of punitive damages, which are intended to punish the wrongdoer rather than compensate for specific losses like medical bills or lost income.
Alabama’s Statute of Limitations on Wrongful Death Claims
In Alabama, the statute of limitations for filing a wrongful death claim is 2 years from the date of the deceased person’s passing. If the claim is not filed within these 2 years, the right to seek compensation may be permanently lost. This deadline makes it important to consult with a wrongful death lawyer in Montgomery, AL, as soon as possible to ensure your family’s rights are protected and justice can be pursued.
Elements of Proof in Alabama Wrongful Death Cases
To build a successful wrongful death claim in Alabama, the plaintiff must prove that the defendant’s negligence, wrongful act, or omission caused the fatal event. Essentially, the case must show that if the deceased person had survived the accident, they would have had a valid personal injury claim against the defendant. Your wrongful death lawyer can help you satisfy the following elements of proof:
- Duty of Care: You must show that the defendant owed the decedent a legal duty of care. For example, a doctor has a duty to provide professional care, and drivers have a duty to act with caution to protect other motorists.
- Breach of Duty: The next step is to prove that the defendant breached or violated the duty of care through their actions or omissions. For example, a drunk driver violated the duty of care while driving under the influence, or an employer failed to correct a serious safety issue.
- Causation: The lawsuit must establish a direct link between the defendant’s breach of duty and the victim’s injuries and subsequent death. The evidence must show that the defendant’s actions were the actual and proximate cause of their death.
- Damages: In Alabama, only punitive damages are awarded in wrongful death cases. Instead of having to prove financial losses, compensation is determined based on the severity of the defendant’s actions.
Types of Wrongful Death Claims We Handle
At Floyd Hunter, our wrongful death lawyers in Montgomery have over 80 years of combined experience. Following fatal accidents and injuries, we get to work helping Alabama families secure justice and find closure.
Our team has a long track record of successful case results, including a $1.75 million recovery following a fatal trucking accident. We have experience handling many different types of wrongful death claims:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Falls from elevated surfaces
- Fatal workplace injuries
- Assault, battery, and crimes
- Defective products
RESULTS THAT MATTER
Here for You and Your Family After a Loss
Fill out our confidential online form for a free consultation with one of our attorneys. When you reach out, we will listen to your story, offer guidance on your legal options, and answer any questions you may have. Your attorney will review the details of your case, explain how the process works, and discuss how we can help your family seek the justice and compensation you may deserve.
Our Montgomery Wrongful Death Attorneys
Montgomery Wrongful Death FAQs
The money from an Alabama wrongful death lawsuit does not pass through the decedent’s estate. Instead, it’s distributed directly to the heirs as determined by the state’s laws for intestate succession, rather than a will or estate plan. This means that the funds will typically go to the surviving spouse, children, parents, or other relatives.
Alabama does not have a cap on the amount of punitive damages that can be awarded in a wrongful death lawsuit. These damages are intended to punish the wrongdoer and deter similar conduct. The final amount is typically determined by a jury based on the severity of the defendant’s negligence.
Typically, punitive damages recovered in lawsuits are taxable by the IRS. However, because Alabama law only allows punitive damages in wrongful death cases, the IRS makes an exception. Therefore, wrongful death compensation in Alabama is generally not subject to federal or state income tax. Always speak to a tax professional to understand reporting requirements.
While many wrongful death cases in Alabama are settled out of court through negotiations or mediation, a trial is always a possibility. If a fair settlement cannot be reached or if the potential award exceeds the limits of the relevant insurance policy, the case will likely proceed to trial where a jury will determine the outcome. Speak to a Montgomery wrongful death lawyer for more specifics.
If your loved one died without a will, which is called intestate, you can still pursue a wrongful death claim. However, the probate court will need to appoint a personal representative who can file the lawsuit. Additionally, any funds that are recovered will be distributed to the person’s heirs in accordance with Alabama’s laws for intestate succession, which automatically overrides any existing will.