When a loved one is needlessly lost due to another person’s careless or reckless behavior, the pain and devastation can feel impossible to bear. For more than 40 years, our attorneys at Moore Law Firm have helped Alabama families seek justice, pursue damages for their losses, and hold wrongdoers accountable. Our wrongful death lawyers in Mobile, AL understand how daunting the legal process can be – we’re here to guide you every step of the way.
What is Wrongful Death?
In Alabama, when someone’s death is caused by another party’s negligence, the deceased person’s estate may be able to bring a claim against the entity or person who’s responsible. Under Alabama law, the only type of recovery available in a wrongful death lawsuit is punitive damages, which are meant to punish and deter the at-fault party from committing similar acts in the future.
Common Types of Claims
An unexpected loss can occur in many different ways. Some of the most common causes include:
- Car accidents
- Collisions involving tractor-trailers and other commercial vehicles
- Motorcycle crashes and bicycle accidents
- Pedestrian accidents
- Crashes caused by drunk or impaired drivers
- Dangerous or defective products
- Nursing home neglect or abuse
- Dog attacks
Our personal injury attorneys in Mobile have successfully handled cases involving all types of fatal accidents and injuries. We’re relentless in our pursuit to help families find the justice and compensation they deserve to protect their financial future.
Do You Have a Case?
For a claim to be successful, you must prove that the at-fault party was negligent or that the act that caused the death was reckless and/or intentional. The elements of proving negligence include:
- The other party had a duty of care
- That the duty was breached
- That the breach of duty directly caused a person’s death
For example, drivers have a duty of care to safely operate their vehicles. If a motorist gets behind the wheel while intoxicated and causes a fatal collision, their violation of that duty may be grounds for a lawsuit. Determining whether you have a viable claim can be challenging if you’re unfamiliar with the law. Our Mobile wrongful death attorneys can review your case and advise you of your options.
Filing a Claim in Alabama
In most cases, only the administrator of the deceased person’s estate has the authority to file a wrongful death lawsuit. However, if the loss involves a minor child, parents may bring the claim directly. Unlike personal injury claims, there is no cap on punitive damages awarded in wrongful death cases in Alabama. Any punitive damages awarded are distributed to beneficiaries according to state intestacy laws, not through the estate itself. Creditors may not pursue damages awarded in a wrongful death claim.
Statutes of Limitations
Most lawsuits involving the loss of a family member must be filed within two years of the date of death. However, if you’re bringing a claim against a government entity like a city or county, the deadline may be as short as six months.
Although the two-year deadline may be extended in cases involving minors or when the Alabama discovery rule applies, it’s important to take action as soon as possible. Valuable evidence can be lost and witness’ memories may fade, so the sooner you consult with our wrongful death lawyers in Mobile, the better.
The Claims Process
A wrongful death claim is usually initiated by filing a complaint that outlines the facts of the case, the legal grounds for a lawsuit, and the damages sought by the plaintiff. From there, both sides exchange evidence in a process called discovery. Your attorney will negotiate with the at-fault party and their insurer to settle the claim. Although most claims are settled out of court, if a reasonable agreement can’t be reached, we’ll take your case to trial.
Our wrongful death lawyers are seasoned litigators with a track record of success in recovering compensation for victims and their families both inside and outside the courtroom. Our team knows how to thoroughly investigate your case, gather evidence, and put the pieces of the puzzle together to create compelling arguments that resonate with judges and juries.
After both sides submit evidence, examine witnesses, and present their arguments, the jury deliberates and decides whether to award damages. Both the plaintiff and defendant may appeal if dissatisfied with the outcome of the case.
Why Choose Us?
While no amount of money can bring a loved one back, filing a lawsuit can hold negligent parties accountable and provide families with the justice and financial security they seek. We handle all aspects of your case and negotiate aggressively on your behalf.
Our team at Moore Law Firm knows how painful and emotionally draining the unexpected loss of a loved one can be. We provide compassionate legal support and take the weight off your shoulders so your family can focus on healing and supporting each other.
We understand that a wrongful death claim is about more than money – it’s a way for families to find a semblance of justice and closure so they can move forward from this challenging time. That’s why we work tirelessly to achieve the best possible outcome for grieving families.
No Fees Unless We Recover Compensation for You
At Moore Law Firm, we handle cases on a contingency fee basis. This means you won’t pay any upfront costs, and we are only paid if we secure compensation for you. If your case is successful, any attorneys’ fees and other legal costs are deducted from the settlement or court award you receive.
Contact a Wrongful Death Attorney in Alabama
At Moore Law Firm, we’ve helped more than 15,000 injury victims in Alabama pursue the justice and compensation they deserve. If you’ve lost a loved one in a fatal accident, call us at 251-445-7602, contact us, or use the convenient chat feature on our website to get in touch today. Our wrongful death lawyers serve clients in Mobile, AL and surrounding communities.