Wrongful Death Attorneys in Mobile, AL

Losing someone close to you is among the most devastating events anyone ever has to go through. And when they suffer an untimely death that was caused by the negligence, recklessness, or unlawful actions of another person or entity, it can make it even more difficult to accept. If you have lost a loved one in a car accident or workplace incident or because of someone else’s wrongdoing, you may be able to file a wrongful death lawsuit.

At Hedge Copeland, PC, we are committed to fighting for justice for people who have lost a family member due to a preventable tragedy. Our practice is focused exclusively on standing up for those who have suffered an injury or death through no fault of their own, and over the years, we have secured millions of dollars in verdicts and settlements on behalf of our clients. We work closely with our clients, taking the time to thoroughly investigate their case and exploring every potential legal avenue toward recovering maximum compensation.

We represent surviving family members in wrongful death cases stemming from a wide range of circumstances, including:

• Fatal car accidents caused by drunk drivers or negligent drivers
• Nursing home injuries or medical malpractice
• Work-related injuries, including exposure to toxic substances
• Accidental death while under the supervision of someone else

While no amount of money can truly compensate for the loss of a family member, we will seek the maximum possible compensation.

Alabama Wrongful Death Laws

A wrongful death action is a civil claim that seeks monetary damages to compensate surviving family members for the death of a loved one. This is separate and distinct from any criminal charge that may result from the underlying accident or event that caused the death.

The party responsible for the death could be charged with a criminal offense, and if convicted, they could face fines, jail time, and other penalties. Although a criminal conviction could provide the family with some sense of closure, it does nothing to compensate them for their loss. This must be accomplished through a wrongful death civil claim.

Under Alabama Code Section 6-5-410, wrongful death is defined as a death that is caused by a “wrongful act, omission, or negligence” of another party. The laws of the state are unique from most others in that there are strict limitations on who can bring a wrongful death claim and the damages that can be recovered.

Unlike most other states, only the decedent’s estate can bring a wrongful death claim, and the personal representative of the estate is the one who must file it. If the decedent had a will, then the personal representative would already be named.

If there is no will, then one of the decedent’s close relatives would need to apply with the court to become personal representative. The first in line to become personal representative would be the decedent’s spouse. After that, the right goes to the children and remaining heirs.

Although the personal representative of the decedent’s estate is the one who files a wrongful death claim, any monetary damages that are recovered are distributed directly to the decedent’s intestate heirs.

This means that even if the will designates that the decedent’s property goes to only one heir or it is given to a certain charity, the proceeds from a wrongful death lawsuit still go to the heirs-at-law. This also means that, since the proceeds bypass the estate and go directly to the intestate heirs, there is no obligation to use these funds to pay any debts that the estate may have.

Damages Recoverable in Alabama Wrongful Death Claims

Perhaps the most unique aspect of Alabama wrongful death laws is the fact that the plaintiff is not allowed to recover compensatory damages – they can only recover punitive damages. In most other states, a plaintiff can receive damages for expenses such as medical bills for treating the injury or illness that led to the decedent’s death, funeral and burial costs, loss of past and future earnings, and loss of comfort, guidance, care, and support.

This is very significant, because punitive damages are a separate category that are not meant to compensate the victim’s family for their loss, but rather to “punish” the wrongdoer and help discourage them and others from committing similar actions in the future.

In general, there is a much higher bar to clear in order to convince a court to award punitive damages. You will need to show that the actions of the responsible party were willful, malicious, fraudulent, or grossly negligent. This will require a well-prepared case and a very strong argument from your legal counsel, so be sure to work with an attorney who has extensive experience successfully pursuing these types of claims.

Alabama Statute of Limitations

If you are considering bringing a wrongful death action for your loved one’s death, it is important to keep in mind that you have a strict deadline in which to file the claim, known as the “statute of limitations”.

In Alabama, the statute of limitations for most wrongful death lawsuits is two years from the date of death. If you fail to initiate the claim during this timeframe, it will most likely be thrown out of court. If your wrongful death claim is against a government entity, then the deadline to file a claim is much shorter (usually six months to a year), and there are special procedures that need to be followed with cases like these.

We know that this is a difficult time for you, and we understand that you might want to wait a little while before looking into the possibility of a legal claim. But we must caution you not to wait too long, because you could end up running up against a deadline.

For example, if your loved one did not have a will, then it will take some time to get someone appointed as personal representative of their estate, which must be completed before a wrongful death claim can be filed. That process alone could take several weeks or even months, and this is why it is important to get started sooner rather than later.

Work with An Experienced Trial Attorney

Bringing a wrongful death case to trial can be emotionally challenging, so it is important to work with a personal injury lawyer you can trust to represent you well. Our attorneys are certified in civil trial law by the National Board of Trial Advocacy and each has more than 20 years of experience advocating for clients in Alabama courts. We treat our clients the way we would treat our own family members, and we take on a limited number of cases so we can give each case the attention it deserves.

Tell Us What Happened

To begin the process, call us at 251-432-8844 or use our secure online form. Your consultation is free and completely confidential, and we never charge any kind of fee or expense unless we recover damages for you and your family. We are located in Mobile and serve clients throughout the surrounding area.