Dothan Wrongful Death Attorneys Represent Surviving Loved Ones
Experienced attorneys advise on Alabama wrongful death law
Alabama law treats wrongful death claims differently than many other states regarding key aspects such as who may file suit, who may collect damages and the types of damages available. The seasoned Dothan wrongful death attorneys of Carey & Hamner, P.C. advise estate representatives and family members on all aspects of wrongful death lawsuits. When avoidable accidents claim lives in Houston, Dale and Henry counties, we pursue compensation that can help provide a cushion for survivors and allow them to move forward.
Accidents that often lead to wrongful death cases
Some of the most common types of accidents involved in wrongful death cases are:
- Trucking accidents — A truck accident may involve multiple fatalities and injuries, and more than one negligent party.
- Auto accidents — A leading cause of death in Alabama, motor vehicle accidents claim hundreds of lives every year. Often, accidents are caused by reckless drivers.
- Pedestrian accidents — Pedestrians and bicyclists can suffer catastrophic injuries when struck by inattentive drivers.
- Construction accidents — Our Dothan construction accident attorneys build cases to demonstrate construction site negligence after falls, fatal crushing incidents, collapses and other tragedies.
- Medical malpractice — A careless surgical error or misdiagnosis can rob a person of years of their life.
- Nursing home abuse — Negligence at a nursing home may result in falls, infections and other types of deadly harm.
- Criminal acts — People whose willful acts cause a fatality can be held liable in civil courts for the lethal consequences of their violence.
Our lawyers are committed to easing the burden of clients who are grieving. We can focus on the legal requirements and logistics of the wrongful death suit while you and your family work to move forward.
What is required to prove wrongful death in Alabama?
To prevail in a wrongful death claim, the plaintiff must establish that the decedent died as a result of a wrongful act, omission or negligence on the part of the defendant. The defendant’s wrongful or negligent actions must have directly caused the decedent’s death.
Who can file a Dothan wrongful death lawsuit?
In Alabama, only the personal representative (executor) of an adult decedent’s estate is permitted to file a wrongful death lawsuit.
If the decedent was under the age of 19, his or her parents can file a wrongful death lawsuit within six months of the child’s passing. If neither parent files within this time frame, the personal representative has until the end of the statute of limitations to submit a claim.
The statute of limitations for filing a wrongful death claim in Alabama is two years from the date of death.
What type of compensation may be awarded and how is it distributed?
Unlike in many other states, wrongful death damages awarded by Alabama juries are not awarded to compensate surviving family members for losses associated with the fatality, but to punish the negligent party. Compensatory damages, such as reimbursement for the income the victim would have earned, are not available. Rather, the funds are distributed in accord with the priority system set forth in Alabama’s intestacy laws. Family members who can receive compensation from a wrongful death lawsuit include the decedent’s spouse, children, parents and in some cases, siblings.
Contact determined Dothan wrongful death attorneys to set up a free legal consultation
At the law office of Carey & Hamner, P.C. in Dothan, Alabama, we guide estate representatives and bereaved family members on wrongful death lawsuits. To schedule a free consultation with an attorney from our firm, call 855-435-4797 or contact us online.