How Do You Prove Wrongful Death?

Losing someone you love is hard enough, but that pain can be amplified when their death is caused by another person’s negligence. Besides the grief, you may be left with anger and frustration in the aftermath. If your loved one’s death could have been prevented, you might have grounds for a legal case. But how do you prove wrongful death and hold the ones responsible accountable?

It can be tough to answer those questions when you’re in the middle of grieving — especially since Alabama’s wrongful death laws are different from those of other states. That’s why you need skilled legal counsel to help you handle your case.

If you’ve lost someone due to negligence, you don’t have to figure out how to handle it alone. Call Caldwell Wenzel & Asthana, PC today at (251) 444-7000.

What Makes a Death “Wrongful” in Alabama?

Not every unexpected death counts as “wrongful” in a legal sense. For a valid case, you need to prove that the person, company, or entity that caused the death acted negligently, recklessly, or even intentionally in a way that directly caused the death.

Some of the most common situations that involve wrongful death include:

• Car Accidents: Drunk, distracted, or reckless driving
• Medical Malpractice: Misdiagnosis, medication mistakes, or surgical errors
• Workplace Injuries: Equipment failures or lack of safety measures
• Defective Products: Dangerous drugs, unsafe consumer goods, or faulty car parts
• Nursing Home Abuse: Neglect, physical abuse, or inadequate care.

A wrongful death lawsuit is different from criminal charges. Even if no criminal case is filed, you might still have a strong civil case.

How to Prove a Wrongful Death Case

To win a wrongful death claim, you need to prove four main legal points:

• Duty of Care: The negligent party had an obligation to act with reasonable care.
• Breach of Duty: The negligent party didn’t fulfill that obligation.
• Causation: The breach of duty directly caused the death of your loved one.
• Losses: You suffered financial and emotional losses because of the death.

Proving these points isn’t easy. It requires a thorough investigation, strong evidence, and extensive legal knowledge.

Wrongful death claims aren’t simply about the money. They’re about holding negligent people accountable and preventing future tragedies.

Who Can File a Wrongful Death Claim in Alabama?

Every state has different rules about who can file a case for wrongful death. In Alabama, only the personal representative of the deceased’s estate (known as the executor) can bring the claim. This means the spouse, children, and parents can’t file unless they’ve been named executor of the estate. If the person had a will, the person named in the document as executor has to file. When there’s no will, the court appoints a representative, usually a close family member.

Unlike most states, Alabama doesn’t let families seek compensation for things like lost income or pain and suffering. Instead, the goal of a wrongful death claim is to punish the wrongdoer rather than compensate the family. Because these laws are so different, it’s important to talk to an attorney who knows how to handle wrongful death cases specifically in Alabama.

What Kind of Evidence Strengthens a Wrongful Death Case?

A strong case needs solid evidence. Some of the most powerful types of evidence can include:

• Police and accident reports
• Medical records
• Witness statements
• Pictures and videos
• Expert testimony.

It’s critical to get your hands on this evidence as soon as you can. If you wait too long, evidence can disappear, memories may fade, and you might risk missing legal deadlines. The sooner your attorney starts an investigation, the better.

Common Defenses in Wrongful Death Claims

Wrongful death cases are rarely straightforward. The person responsible for the death — or their insurance company — will likely fight hard to avoid blame so that they don’t have to pay compensation. They’ll often try to use a defense that will deflect responsibility away from them, such as:

• Comparative Fault: They could try to argue that the deceased was partly to blame for their own death or did something to contribute to their accident.
• Lack of Causation: They might say that some other factor, like a pre-existing health condition, caused the death instead.
• No Duty of Care: In some cases, the defense may claim that their client had no legal obligation to prevent the accident.

A skilled wrongful death attorney is trained to anticipate these defenses. They’ll know how to use the evidence you have to counter these claims and bolster your case.

How Long Do You Have to File a Case?

Alabama law typically gives you two years from the day the death happened to file a wrongful death lawsuit. However, some cases might encounter exceptions.

In cases where a government entity was involved, such as a city maintenance vehicle or a public hospital, you might have even less time to get your case started. If a minor was involved, other special rules apply. For victims younger than 19, which is considered a minor by state law, parents have six months to start a claim. If they don’t, then the child’s personal representative can do so after that deadline.

When a lawsuit isn’t filed within the statute of limitations, the court may dismiss the case regardless of how strong the evidence is — which is why it’s so important to talk to a lawyer as soon as possible.

The Importance of Legal Counsel

Wrongful death cases are complicated, emotionally draining, and legally challenging. Between Alabama’s unique laws and everything that has to be done to get your case started, the process can quickly become overwhelming.

At Caldwell Wenzel & Asthana, PC, we know how painful this process is, and we fight hard to get grieving families the justice they deserve. When you hire us, you have a legal team on your side that knows how to investigate and collect the evidence you need to prove your case. We’ll handle all of the legal paperwork and deadlines, negotiate with insurance, and argue your case in court if it comes down to that. Your future matters to us.

If you feel your loved one’s death was caused by negligence, call Caldwell Wenzel & Asthana, PC today at (251) 444-7000 to schedule a consultation and explore your legal options.