Birmingham Wrongful Death Resources | Cases

If a loved one has died as a result of an accident or another person’s negligence, you may be entitled to file a wrongful death lawsuit on their behalf. These lawsuits seek justice for the deceased. 

When families are affected by these situations, they often seek help in understanding their legal rights and the compensation that may be available to them. The team at Morris Haynes is here to provide guidance and offer the Birmingham wrongful death resources that families need during this difficult time.

Understanding Wrongful Death Claims

In Alabama, a wrongful death is one that is caused by the “wrongful act, omission, or negligence” or someone else. One person, multiple people, or a corporation can be legally responsible for a wrongful death.

Wrongful death lawsuits can stem from many different types of accidents, such as:

• Car accidents
• Truck accidents 
• Motorcycle crashes
• Foster case abuse
• Daycare negligence

There are some cases where someone could face criminal charges and a wrongful death lawsuit for the same act. If someone intentionally kills another person, they may not only be charged with murder, but may also face a civil lawsuit for wrongfully causing the person’s death.

If the death was truly accidental, the person who caused it may still face a wrongful death lawsuit due to their negligent actions, even if they are not charged with a crime.

How is Liability Proven in a Wrongful Death Case?

In wrongful death cases, the plaintiff must prove that the defendant’s actions caused the victim’s death. In a civil case, the plaintiff must prove the defendant’s liability. They must show that it is more likely than not that the defendant caused the victim’s death through negligence, intentionally, or in another way. 

When you have the Morris Haynes team by your side, we will work diligently to prove your case, provide the Birmingham wrongful death resources you need, and seek the compensation that your family deserves.

Who Can File a Wrongful Death Lawsuit?

When it comes to filing a wrongful death lawsuit, the responsibility falls on the family members of the deceased. The person who can file a wrongful death claim differs depending on whether the person who died was an adult or a minor at the time.

Under Alabama law, only the personal representative, or executor, of the deceased adult’s estate is allowed to file a wrongful death claim. If the deceased did not appoint anyone as an executor in their will or other estate plan, the court may appoint one. A court-appointed executor may also serve in place of someone who was named in a will if they cannot carry out their duties for whatever reason.

If the deceased was a minor, the child’s parents have six months from the date of the child’s death to bring a wrongful death suit. If the parents are also deceased or are alive and decide not to file a claim for whatever reason, the child’s representative is allowed to file a claim even after the six-month deadline has passed.

Types of Recoverable Damages

In many states, those filing a wrongful death lawsuit can seek both compensatory and punitive damages. But, in Alabama, only punitive damages are available.

What are Compensatory Damages?

Compensatory damages cover economic losses such as funeral costs and medical bills. They can also cover the income a deceased person would have earned if they were alive.

What are Punitive Damages?

Punitive damages seek to punish the defendant in wrongful death cases in Alabama and prevent other people from carrying out the same actions in the future. Punitive damages are still awarded to the deceased’s survivors.

It’s important to note that while Alabama law generally limits the amount of punitive damages a plaintiff can receive in a civil lawsuit, wrongful death claims are excluded. A judge or jury can award any compensation they see fit  in the case and that is reasonable under the law. If the defendant believes the amount is too high, they have the right to appeal.

When you choose to work with Morris Haynes, our team is here to explain these differences to you and provide the Birmingham wrongful death resources you need to better understand your case.

Steps to Take After a Fatal Accident

If a loved one is the victim of a fatal accident, there are steps you want to take to help you deal with the aftermath.

Contact all next of kin & seek emotional support. Contact family members to make them aware of the tragedy and seek emotional support for yourself and your loved ones during this difficult time.

Request an accident report. If your loved one died during an accident, obtain the accident report from the police.

Gather evidence. Seek medical records and any insurance information that your loved one may have had. 

Consider legal action. If another party was at fault for the accident, you may have grounds to pursue a wrongful death lawsuit. Scheduling a consultation with a wrongful death attorney at Morris Haynes will allow your case to be reviewed. Our attorneys can advise on the best steps going forward. It is best to meet with a lawyer as soon as possible to protect your rights and preserve any evidence in the case.

Review the probate policy. If your loved one owned property or had financial accounts, the estate will most likely have to go through probate. If there is a will, the named executor will be responsible for starting the process. When there is no one named, the court will appoint someone. 

How a Birmingham Wrongful Death Lawyer Supports Families

If your family is dealing with a wrongful death lawsuit, Morris Haynes is here for you. We can handle all of the legal work, giving you time to grieve. Our team is sympathetic to your needs while fighting for your rights against those responsible for your loved one’s death.

We have more than 250 years of combined experience and a proven track record of real case results. Let us be there for you and navigate the legal process during this difficult time. Call us today at 205-324-4008 for more information, or reach out to us online.