Foley Alabama Attorneys
(251) 444-7000

toll free 855.390.5566

The Important Role of Negligence

You must prove negligence to prove wrongful death in a civil claim and lawsuit. A core component of wrongful death cases, negligence is a failure to use care. Specifically, it is a failure to use the same care a reasonably cautious person would use in a similar situation.

If someone’s negligent actions resulted in the loss of your loved one, a Mobile,AL wrongful death lawyer can help you pursue justice. While compensation cannot replace your loss, it can, if successful, help ease your financial and emotional stress.

Proving Wrongful Death

One of the most tragic types of wrongful death cases is car accidents. Negligence behind the wheel occurs in various forms, none of which are acceptable.

Alabama drivers face dangers every day from drivers who are:

  • Drunk
  • Distracted
  • Angry
  • Sleepy.

According to the National Highway Safety Traffic Administration (NHTSA), approximately 32 people die each day in the United States in drunk driving-related crashes. That equals one death every 45 minutes. About nine people die each day due to distracted drivers.

Motorcyclists, bicyclists, pedestrians, and drivers are all at risk of suffering a fatal accident. A deadly accident involving negligence is one that is typically preventable.

A wrongful death lawyer reviews all evidence and, if necessary, investigates your accident. Key pieces of evidence that generally help in wrongful death cases are:

  • Police reports
  • Crash scene photos
  • Witness statements
  • Final medical reports
  • Death certificate.

When a wrongful death results from another type of accident, proving negligence remains a must. Other types of wrongful death cases include such tragic events as:

  • Slip and fall accidents
  • Defective products
  • Workplace accidents
  • Medical mistakes.

The types of evidence needed to prove negligence may differ, depending upon the type of accident. For example, police rarely respond to slip-and-fall accidents. For this type of accident, a store report completed by management can serve as valuable evidence.

Other cases may rely upon witness statements and photographs. Because these types of evidence are potentially weaker, you must take quick action. Witnesses may forget important information or relocate and become impossible to find. Photographs can become damaged or lost.

Grief can cause your life to become a blur. Hiring a wrongful death lawyer as soon as possible lets them get to work proving your case faster.

The untimely death of a loved one due to negligence demands justice. An Alabama wrongful death lawyer can help you fight for it.

Who Can Sue for Wrongful Death in Alabama?

Only the personal representative or executor of the decedent’s estate may file a wrongful death lawsuit. Alabama’s wrongful death law is complicated and not something to leave to chance.

The opposing party will use various tactics to avoid paying compensation. A wrongful death attorney can protect your best interests by standing up to insurance companies and their attorneys.

If you are unsure if you have the right to pursue a wrongful death claim and lawsuit, a free case consultation is an excellent place to start.

Is There Anything I Can Do to Protect My Case?

You can help protect your wrongful death case by limiting what you share and who you speak with. Keeping accident information off social media is especially vital for your case. An insurance company may use something you post against you. While social media is sometimes helpful for updating family and friends, keeping case information off any social apps is best.

You can also protect your case by referring insurance company representatives to your lawyer. Repeated calls and pressure to accept a settlement are the last things you need as you mourn your loved one.

A wrongful death lawyer works to ensure that your case secures the best outcome possible. No two wrongful death cases are alike. The differences in your case may or may not result in the same outcome as a similar case.

A lawyer can fight for what you deserve and manage the intricate details of your civil case. The loss of your loved one demands justice, and an Alabama wrongful death attorney can help you pursue it.

How Long Do You Have to File a Wrongful Death Lawsuit?

The Alabama statute of limitations allows two years for filing a wrongful death lawsuit. The twenty-four-month period for filing your case begins the moment your loved one dies. There are a few exceptions to the two-year rule. The details of your loved one’s accident are vital to determining the exact amount of time allowed for filing a lawsuit.

The statute of limitations is strict law with tight deadlines. Anyone pursuing a wrongful death lawsuit must file their case within two years. Failure to do so can leave you with little or no legal options.

Types of Compensation Possible in Wrongful Death Cases

Wrongful death lawsuits generally involve economic and non-economic types of damages. Both types encompass some part of the overall impact of the tragic loss.

If a loved one initially survives a traumatic accident, only to succumb to their wounds later, compensation is possible for their final medical expenses. Compensation for medical costs is one example of economic damages. Other examples of economic damages are:

  • Lost wages: The income lost during your loved one’s final days
  • Loss of potential future earnings: The income possible had your loved one continued working at their job.

Non-economic damages are typically harder to assign a dollar value. For example, the loss of companionship is an example of non-economic damage. While priceless to you, a wrongful death lawyer can best fight for this particular form of compensation.

Pursuing compensation for all your damages requires identifying the damages and who is qualified to fight for them. A wrongful death lawyer understands the step-by-step process and can lead your fight for you.

Why Hiring a Wrongful Death Lawyer Now Matters

Proving wrongful death is an intricate process that requires preparation. Reviewing the evidence, interviewing witnesses, and examining photographs is a time-consuming but vital process.

Hiring a lawyer now protects you from insurance companies who want you to settle now. Your loss and planning a funeral or memorial service are no time to deal with your case.  Grief can leave you vulnerable, leading you to make poor choices concerning a settlement.

Accepting less than you deserve prevents you from filing another claim or lawsuit. Insurance companies know this and sometimes use high-pressure tactics to close cases quickly — and for the least amount possible. An insurance company may go as far as to blame your loved one for the accident. Your loved one is not here to defend themselves, making accident evidence key to your case. They deserve fair justice, and the estate deserves fair compensation.

If you lost a close loved one due to negligence, your lawyer needs time to build a strong case for compensation. Remember, the statute of limitations clock is ticking, making it imperative that you take quick action now.

How Much Does an Alabama Wrongful Death Lawyer Cost?

An Alabama wrongful death lawyer from Caldwell Wenzel & Asthana Injury Lawyers costs no money upfront. The stress of your loss is enough to bear without finding a down payment for legal representation.

A contingency-fee lawyer is one whose fees are contingent (depend) upon the outcome of your case. They collect their legal fees upon securing compensation for you. If they do not win your case, you do not pay.

Wrongful death cases generally involve insurance companies and their attorneys. Both understand the civil process, inside and out. They are no match to take on alone.

You cannot afford not to hire a lawyer for your wrongful death case. Protecting your best interests is vital against for-profit insurance companies. A wrongful death lawyer has your back from start to finish of your case.

Understanding that you do not need immediate funds to pay a lawyer can ease your mind. The contingency-fee payment method helps those seeking justice by alleviating legal fee costs.

Caldwell Wenzel & Asthana Injury Lawyers

At Caldwell Wenzel & Asthana, we understand that losing your loved one to negligence is heartbreaking. We treat all clients compassionately as we help them through this challenging journey.

While it is true that most civil cases resolve without trial, we stand prepared. Our courtroom skills are second to none, and we always prepare cases for presentation before a judge and jury — just in case.

The fight for compensation begins with a civil claim. If negotiations fail, or your lawyer feels a trial is necessary, we proceed to trial. Should this become the path of your wrongful death case, rest assured that we will explain the process.

Wrongful death cases involve intense emotions for victims’ families and friends. These cases can also serve as a potential deterrent for those liable for the death. Accountability via a civil case may make them think twice about repeating the same dangerous behavior.

To learn more about Alabama wrongful death requirements, contact us at 251-444-7000 today for a free case consultation.