Do You Have Cause to File a Wrongful Death Lawsuit After an Accident in Alabama?

Despite advances in road safety and technology, too many lives are lost on Alabama roadways each year. If you’ve suffered the loss of a loved one in a crash caused by someone else’s negligence, you may have grounds to file a wrongful death lawsuit. At Moore Law Firm, our wrongful death attorneys in Mobile, Alabama help families understand their legal options and provide compassionate legal support you can trust. From evaluating your case to seeking accountability for your loss, our Alabama wrongful death lawyers are here to protect your rights and guide you through the process every step of the way.

Understanding Wrongful Death Law in Alabama

Alabama has unique requirements when it comes to filing wrongful death claims. Unless the victim is a minor child, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit in Alabama. In most cases, the statute of limitations for filing a wrongful death lawsuit is two years and can only be pursued in Alabama if the death occurred within the state.

Unlike other states that allow plaintiffs to recover damages like medical bills or lost income, only punitive damages are awarded in Alabama wrongful death cases. These damages are not intended to compensate families for their losses, but to punish the negligent party and deter them and others from committing similar acts. Building and presenting a strong case can be challenging, so it’s vital to hire a Mobile wrongful death attorney with trial experience and an established record of success.

When to Consider Filing a Wrongful Death Lawsuit

If someone’s reckless, negligent, or intentional behavior caused a loved one’s death, you may grounds to file a wrongful death claim. Our wrongful death lawyers in Mobile have successfully handled cases involving:

• Distracted drivers
• Drunk driving
• Truck driver negligence
• Speeding and reckless driving
• Vehicle defects
• Pedestrian accidents
• Bicycle crashes
• Motorcycle Collisions

Even if you’re unsure about whether you have a viable claim, having an Alabama wrongful death attorney evaluate your case can give you peace of mind and help you understand your options. Our personal injury attorneys can review your case at no charge and help you determine the best path forward.

Making the Decision to File a Wrongful Death Lawsuit

For most people, filing a wrongful death lawsuit is not a decision that’s taken lightly. After the death of a loved one, families are overwhelmed and face emotional pain, financial stress, and uncertainty about the future.

For a claim to be successful, the plaintiff must prove that someone else’s negligence caused the accident that resulted in the person’s death, which can be challenging. Our compassionate Mobile wrongful death attorneys sit down with you and discuss whether you have cause to file a lawsuit and walk you through some important factors such as:

Establishing liability – Our wrongful death lawyers listen to your story and determine whether there is enough evidence to support a claim of negligence and demonstrate liability. This may include evidence such as photographs, police reports, witness, statements, and more.

Legal standing – Because the personal representative is the only one who can file on the family’s behalf, you must ensure that this party is in place and willing to move forward with a lawsuit. The estate’s personal representative may be named in a will or appointed by the court.

Timing – Acting quickly is critical in wrongful death cases. Evidence can be lost, memories fade, and the longer you wait, the less time you have to build a strong case. However, even if you’re close to the two-year deadline, having a wrongful death attorney take a look at your case is always a good idea.

There may be other considerations that apply to your specific case. Our wrongful death lawyers in Mobile give straightforward advice and help you make informed decisions so you feel confident about any path you decide to take.

What Happens During a Wrongful Death Lawsuit?

Once you decide to proceed, your case will go through several stages, including:

Investigation and Case Preparation

Your wrongful death attorney gathers and reviews evidence, interviews witnesses, and may consult with experts to determine how much your case is worth and build a strong foundation for your claim.

Filing the Complaint

Our wrongful death lawyers then file a lawsuit in the appropriate Alabama court. The defendant is formally served with the complaint, which typically includes the at-fault party and/or their insurance company.

Discovery Phase

During the discovery phase, the plaintiff’s and defendant’s attorneys exchange evidence, take depositions, and may conduct further investigations. This stage is critical to proving negligence and supporting a claim for punitive damages under Alabama law.

Settlement Negotiations

Most wrongful death claims and personal injury cases are resolved out of court. Our attorneys negotiate voraciously on your behalf to obtain compensation that fully reflects the impact of your emotional and financial losses. Although we approach every case with compassion, our wrongful death lawyers are tenacious negotiators who aren’t afraid to take on powerful insurance companies and their attorneys.

Trial

If a reasonable settlement can’t be reached, we’ll prepare your case for trial. We know how to put all the evidence together and present compelling arguments that resonate with judges and juries.

Why Choose Our Mobile Wrongful Death Attorneys?

Our Alabama wrongful death lawyers stand by your side with compassion and determination throughout the process. We handle all aspects of your case so you and your family can focus on supporting each other. We protect your rights, keep you informed, and ensure your loved one’s story is heard.

Whether your case is resolved through negotiation or litigation, you won’t incur any upfront costs and we don’t get paid unless we recover compensation for you. Attorneys’ fees and other legal costs are deducted from any settlement or court award you receive. Although no amount of money can bring back a lost loved one, we can help you pursue the justice and accountability you deserve.

Contact a Wrongful Death Lawyer in Mobile, AL

At Moore Law Firm, our team is dedicated to guiding you every step of the way and fighting for the accountability and justice you deserve. To schedule a consultation with a wrongful death attorney in Mobile, Alabama, contact us, call 251-445-7602, or use the convenient chat feature on our website to get in touch today. We serve clients in Mobile, Daphne, Fairhope, Saraland and surrounding communities.