Foley Alabama Attorneys
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Our Wrongful Death Attorneys in Foley Have the Experience to Help You Receive Fair Compensation

During this difficult time, when your primary focus is navigating grief and supporting your family through bereavement, the prospect of a lawsuit can be overwhelming. Fortunately, you don’t have to face it alone. You deserve the dedicated and diligent assistance of a wrongful death attorney.

The wrongful death lawyers at Caldwell Wenzel & Asthana are here to alleviate many of the burdens associated with wrongful death cases. We have extensive experience in helping families who have tragically lost loved ones, and we empathize with your situation. We can manage the legal complexities required to seek justice and compensation, allowing you to prioritize your family’s well-being and recovery as you begin to envision a brighter future.

Foley, Alabama Lawyers


Our Firm Understands Alabama Law

Wrongful death laws can vary by state, so it’s important that you hire a wrongful death lawyer who has experience with Alabama law.

While many U.S. states allow for “compensatory damages” in wrongful death cases, which aim to provide financial relief to surviving family members by covering costs such as funeral expenses, medical bills, loss of wages, pain and suffering, and loss of consortium, Alabama takes a distinctive approach. In Alabama, the state’s wrongful death law places its emphasis on the defendant’s wrongful actions and consequently awards what are known as “punitive” damages.

Punitive damages serve two primary purposes:

  • To penalize the defendant responsible for negligent behavior
  • To discourage similar negligent conduct by other parties in the future.

Alabama law is designed to discourage carelessness or recklessness by imposing penalties on the responsible party, who took something valuable and must now be held accountable.

In a successful wrongful death lawsuit in Alabama, our wrongful death attorneys can secure a punitive damage award directly benefiting the deceased person’s heirs, primarily the immediate family members. Unlike in other states, this damage award does not become part of the deceased’s estate.

These distinctions in Alabama law necessitate a completely different approach to pursuing wrongful death compensation compared to other jurisdictions. The skilled wrongful death attorneys at Caldwell Wenzel & Asthana possess the expertise needed to leverage the Alabama statute to obtain substantial awards for their grieving clients.

The amount of wrongful death awards in Alabama can vary significantly, potentially reaching millions of dollars, contingent upon the circumstances. However, estimating the specific damages without knowing the details of your loved one’s situation is challenging. Our proficient Alabama wrongful death lawyers at Caldwell Wenzel & Asthana will concentrate on the gravity of the wrongdoing to secure the most favorable award possible for you.

CWA Wrongful Death Lawyers in Foley Are Committed to Seeking Justice

We know what a difficult time you are facing, and we are ready to help. We are well-equipped to navigate the legal complexities required to pursue justice and compensation, allowing you to focus on your family’s well-being, recovery, and the prospect of a brighter future.

While it is impossible to bring your beloved family member back, Alabama law offers a path to justice and the compensation your family rightfully deserves. This avenue involves the initiation of a wrongful death lawsuit, which is a specialized legal case filed within the court system. The wrongful death lawyers at Caldwell Wenzel & Asthana in Mobile are here to provide support and ease the burdens associated with wrongful death.

At Caldwell Wenzel & Asthana, our Foley-based wrongful death attorneys have a proven track record of securing millions of dollars in compensation for wrongful death cases over the years. Our dedication lies in assisting bereaved families in rebuilding their lives and moving forward after the tragic loss of a loved one.

Schedule a free consultation today with one of our wrongful death lawyers by calling (251) 444-7000.

Did You Know…

  • Compensatory damages may not be available in a wrongful death case. 
  • Claims of pain and suffering will generally be inadmissible in an Alabama wrongful death lawsuit.
  • Filing your wrongful death case as early as possible could lead to greater success.
  • In some cases, there may be multiple responsible parties in a wrongful death case.
  • Wrongful deaths can be caused by defective products, medical malpractice, workplace negligence, or other reasons.
  • Deaths that seem to be the result of an accident may actually be due to negligence.

Why Choose CWA?

Randall Caldwell, Jr. and Drew Wenzel are proud natives of Foley, with their families deeply rooted in the community for a century. They possess an intimate understanding of the law and the people they serve, providing empathetic and proficient representation in times of tragedy, when a family member’s passing results from the actions of an individual or company. The entire team of wrongful death attorneys at CWA consider it a privilege to assist clients from Foley and surrounding areas.

Our Foley Wrongful Death Attorneys Will File a Wrongful Death Suit on Your Behalf

A wrongful death lawsuit must be filed in the county where the deceased could have initiated a lawsuit for the “alleged wrongful act, omission, or negligence” had death not intervened. In the context of an Alabama wrongful death case, the individual must have passed away within the boundaries of Alabama. If the death occurred in another state, the case falls under that state’s wrongful death statutes.

It’s worth emphasizing that, in accordance with Alabama law (Ala. Code § 6-2-38), there exists a statute of limitations governing the filing of such lawsuits. In general, you have a two-year window from the date of the death to initiate legal proceedings in court. Nonetheless, exceptions to this rule exist, and your Foley wrongful death attorney will take appropriate action to ensure a timely filing of your case.

Ways a Wrongful Death Attorney Works for You:

To establish fault and negligence leading to the death, your Foley wrongful death attorney will:

  • Determine if the defendant owed a duty of care to your loved one and breached that duty
  • Establish that this negligence directly caused your loved one’s death
  • Evaluate the circumstances of the death, assessing the case’s viability, potential value, and responsible parties
  • Investigate and gather evidence and interview witnesses and first responders
  • Engage experts to reconstruct the accident, testify about fault, and illustrate the impact of the loss on your family
  • Manage communication and negotiations with insurance companies and opposing attorneys
  • Build, litigate, and, if needed, take your case to trial, presenting arguments before a judge or jury when a settlement is not attainable.

At CWA, our primary objective is to assist you in securing fair compensation for your family.

About Caldwell Wenzel & Asthana Injury Lawyers

Caldwell Wenzel & Asthana represent clients involved in personal injury, wrongful death, estate disputes, and other civil litigation cases. In addition to their extensive legal prowess, they specialize in handling cases related to birth injuries in Alabama. Firmly believing in the significance of client relationships, including those involving birth injury cases in Alabama, they prioritize constant attorney-client accessibility and comprehensive case updates. For more information, reach out to their dedicated team at (251) 444-7000, or visit the website to consult with an experienced Alabama birth injury lawyer.


Our Award-Winning Alabama Personal Injury Lawyers have recovered millions on behalf of our clients. While other attorneys try to avoid litigation, we thrive in high-stakes litigation. Contact Caldwell Wenzel & Asthana, P.C. to put our exceptional skills to work for your injury claim.

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