WRONGFUL DEATH ATTORNEYS IN ALABAMA

Our Mobile wrongful death lawyers understand how the sudden, unexpected death of a member of your family is devastating. It creates a void that can never be filled. It is particularly troubling when a life is cut short because the death never should have happened and was probably preventable.

If your loved one’s death resulted from someone else’s negligence, recklessness, or wrongful behavior, you probably have a lot more feelings than just the grief of your loss. It is also natural to feel anger at the person or company who caused the death. You may also want to seek justice and hold the responsible party accountable.

How We Can Help

Our Mobile Wrongful Death Attorneys Will File a Wrongful Death Suit

While there is no way to bring your loved one back to you, Alabama law provides a path to justice and the compensation your family deserves. This path is through filing a wrongful death lawsuit, which is a specialized case filed with the courts.

At this challenging time, when working through your grief and helping your family cope with your bereavement is your first priority, a lawsuit is not something you want to deal with alone. Fortunately, there is help available. You deserve to have a committed and diligent wrongful death attorney on your side.

The wrongful death lawyers in Mobile at Caldwell Wenzel & Asthana will step in and relieve you of many of the burdens associated with a wrongful death. We have extensive experience helping families who have tragically suffered the wrongful death of a loved one, and we understand what you are going through. We can handle all the legal hurdles involved with getting justice and compensation, so you can concentrate on your family’s needs and recovery and start to look toward a brighter future.

Call us today at (251) 444-7000 to schedule a free consultation with one of our wrongful death lawyers to get started.

How Our Mobile Wrongful Death Lawyers Can Win Your Lawsuit

A wrongful death case is based on the legal theory of negligence. To win your legal case, your wrongful death attorney in Mobile will have to prove that the other party was at fault and negligent, and this negligence caused the death. This means showing that:

• The defendant owed a duty of care to your loved one.
• The defendant breached that duty.
• This negligent or unlawful behavior led to your loved one’s death.

When you have a Mobile wrongful death lawyer on your side, we will work immediately to locate all potentially liable parties and prove negligence. To do this, we will:

• Meet with you to evaluate the facts of how the death occurred to see if a wrongful death case is warranted, what it may be worth, and what parties you think may be responsible.
• Conduct investigations to gather evidence such as videos from surveillance cameras, and police, ambulance, and medical reports and documents.
• Interview witnesses and first responders.
• Hire experts to reconstruct the accident and provide testimony as to how it occurred, who was at fault, and how losing your loved one affects your family’s lives.

In addition, our wrongful death attorneys in Mobile will:

• File all paperwork and handle all legal procedures and court appearances by Alabama requirements.
• Handle communications and negotiations with insurance companies and opposition lawyers.
• Build your case, litigate it, take it to trial, and argue in front of a judge or jury if a settlement cannot be reached.

Our wrongful death attorneys in Mobile will communicate and work with you throughout the process, answering your questions and concerns and informing you of all the progress of your wrongful death case. Our main goal is to help you obtain fair compensation for your family.

Call a wrongful death attorney in Mobile today to find out more about the process of proving negligence. We will happily answer your questions in a free consultation: (251) 444-7000.

Our Mobile Wrongful Death Lawyers Can Get You Punitive Damages

If your loved one died in Mobile, the compensation you may receive in a wrongful death lawsuit is different than in other states. In Alabama, wrongful death damages are not assessed based on the financial and emotional losses of survivors but are designed to punish the wrongdoer.

Most U.S. states allow for what is called “compensatory damages” in wrongful death cases. This money is paid to surviving family members of the deceased to cover the monetary costs of the following:

• Funeral expenses
• Medical bills
• Loss of wages
• Pain and suffering, and
• Loss of consortium.

However, Alabama takes a different approach than many other states. In Alabama, the state’s wrongful death law focuses on what the defendant did wrong and therefore awards only what are called “punitive” damages. Punitive damages are designed for two purposes:

1. To punish the defendant who was acting negligently.
2. To deter similar negligent conduct by other parties in the future.

The reasoning behind Alabama’s law is that punitive damages have more of a deterrent effect than compensatory damages, and the law should discourage careless or reckless behavior by punishing the party who is responsible. The responsible party took something valuable and now they have to pay.

In a successful Alabama lawsuit, our wrongful death attorneys can win a punitive damage award that is paid directly to the deceased person’s heirs, so direct family members are most likely to receive the money. Unlike in other states, the damage award is not made part of the estate.

This and other differences in Alabama law require an entirely different approach to pursuing a wrongful death recovery than is needed elsewhere. The wrongful death attorneys at Caldwell Wenzel & Asthana are skilled in using the Alabama statute to obtain significant awards for their bereaved clients.

There is a wide variance in the amount of Alabama wrongful death awards, which can reach into millions of dollars, depending on the circumstances. However, it is difficult to estimate how much you can receive in damages without knowing the details of what happened to your loved one. The skilled Alabama wrongful death lawyers at Caldwell Wenzel Asthana will focus on the severity of the wrongdoing to get you the best award possible.

Call us today with any questions about what damages you may be entitled to at (251) 444-7000.

Our Mobile Wrongful Death Lawyers Answer Common Questions

After a wrongful death, it is natural to have questions and concerns. If you are unsure about whether the death of your loved one qualifies for a legal case, our Mobile wrongful death lawyers can answer your questions and explain what the law requires.

Below are answers to some of the most frequently asked questions.

What is a “wrongful death?” 

According to Alabama law (Ala. Code § 6-5-410), a wrongful death is defined as one that is caused by the “wrongful act, omission, or negligence” of another. This means that an individual or corporation can be held liable and sued if their negligence or fault caused the death.

Who can file a wrongful death lawsuit in Mobile? 

The personal representative of the deceased person’s estate can bring a wrongful death lawsuit in Alabama. While this representative can be a family member, family members may not file on their own behalf or on behalf of the deceased. A wrongful death claim can be viewed as a personal injury claim in which the deceased person’s personal representative seeks compensation for the person who died and can no longer do so.

Is wrongful death a crime? 

Not exactly. Under some circumstances, the defendant in a wrongful death case may face criminal charges such as manslaughter or murder. Criminal charges often result in jail time. However, our wrongful death attorneys in Mobile will handle a wrongful death lawsuit, not a criminal prosecution. We seek compensation for the deceased person’s surviving heirs. This does not mean that your case will not be eligible for prosecution by the district attorney’s office. It is important to understand that the criminal justice system has different outcomes and goals from a civil lawsuit.

Where can I file a wrongful death lawsuit? 

A wrongful death lawsuit may be filed only in a county where the deceased could have brought a lawsuit for the “alleged wrongful act, omission, or negligence,” had death not occurred. For an Alabama wrongful death case, the person must have died within the borders of Alabama. If the death occurred in another state, the case is subject to that state’s wrongful death laws.

Are there deadlines for filing a wrongful death case? 

Yes. According to Alabama law (Ala. Code § 6-2-38), there is a statute of limitations — a deadline for filing a lawsuit. In general, you have two years from the date of the death to file a lawsuit with the court. However, there are exceptions to the rule, and your Mobile wrongful death attorney will act accordingly to ensure your case is filed promptly.

Who gets the damages from a wrongful death settlement or award?

In Alabama, wrongful death awards are usually distributed to the heirs according to the rules of “intestate succession.” These are the rules usually used when a person dies without a valid will, and they usually provide that the surviving spouse and children will share the reward. If a minor child dies, the parents will typically share the award equally. The person who initially filed the lawsuit on the estate’s behalf is not always able to receive a distribution of the funds.

In cases where the deceased left a long-term partner or the family situation was complex, our wrongful death lawyers can help you understand who would benefit financially from your lawsuit and what we think it might be worth.

Do I really need an attorney to file a wrongful death case? 

Laws regarding wrongful death are complicated in Alabama, and making mistakes can be costly. The opposition’s attorneys will try proving that the death was wrong, so you are not entitled to compensation. It makes sense to have an attorney familiar with the tactics they use and Alabama law to fight for justice for you and your loved one.

How much does it cost to hire a wrongful death attorney in Mobile? 

Our Mobile wrongful death attorneys work on a contingency basis, so you pay nothing upfront. Your initial consultation is free, and you have no cost unless and until we win your case. At that time, any legal fees are taken out of the settlement you receive.

Our Mobile wrongful death attorneys can answer any more questions you may have. Call today for a consultation: (251) 444-7000.

Why Choose Us

Our Wrongful Death Attorneys in Mobile Know the Law

Alabama law is quite different from that of other states. Therefore, it is essential that you retain a wrongful death lawyer who is intimately familiar with the processes, procedures, and substantive laws of Alabama. Our Mobile wrongful death lawyers have extensive experience in wrongful death cases to be able to obtain just compensation for you.

For example, our skilled attorneys at Caldwell Wenzel & Asthana understand that compensatory damages may not be available in a wrongful death case. Additionally, we understand that because certain damages are not available, the evidence of your loved one’s pain and suffering will generally be inadmissible in an Alabama wrongful death lawsuit.

However, we know how to be strategic with the timing of a case to ensure you receive fair compensation. The earlier a case is filed, the better. If a personal injury case is filed before the death occurred, this evidence may be heard and could result in significant additional compensation when the case turns into a wrongful death lawsuit.

Because of this quirk in Alabama law, as well as the amount of time it takes to investigate and build a case, it is important that you engage the services of a Mobile wrongful death lawyer as soon as possible to protect your legal right to an award.

Our skilled and experienced wrongful death attorneys in Mobile have strong knowledge of Alabama laws. Get the competent legal representation possible in your wrongful death case. Call us today for a free case evaluation at (251) 444-7000.

Our Mobile Wrongful Death Attorneys Have Had Great Success

Holding the party that caused the death accountable for your loss can help bring closure and facilitate the healing process after a wrongful death. We aim to make the wrongdoer face up to the terrible loss that their negligence has caused you and your family.

At Caldwell Wenzel & Asthana, our Mobile wrongful death lawyers have been successful in recovering millions of dollars in wrongful death compensation over the years. We are passionate about helping grieving families pick up the pieces of their lives and go on living after the loss of a loved one.

If you have questions about how we can help you recover compensation for the wrongful death of a loved one, call us as soon as possible: (251) 444-7000.

Our Wrongful Death Lawyers Have Deep Roots in Alabama

Both C. Randall Caldwell, Jr. and Drew Wenzel of Caldwell Wenzel & Asthana are native sons whose families have been pillars of the Foley community going back 100 years. They know the law and know the people they serve and offer compassionate and skilled representation when the worst happens, and a family member dies because of some individual or company’s wrongdoing. Our wrongful death attorneys in Alabama are honored to serve clients from that community and the surrounding area.

Our Wrongful Death Attorneys in Mobile Handle Common Causes of Wrongful Death

To qualify as wrongful death in Alabama, there must have been a wrongful act, omission, or negligence by the defendant that caused the death. Wrongful deaths have many causes, and our attorneys in Mobile have dealt with them all. Among those that our Alabama wrongful death lawyers see most often in our law practice are vehicle accident cases.

Wrongful Death in Car Accidents, Truck Accidents, and Motorcycle Accidents

Wrongful death in a vehicle accident can happen for a variety of reasons, including:

• A driver was negligent. Examples of driver negligence include distracted driving while texting or engaging in any other activity that takes attention off the road.
• A driver was reckless. A driver drove while under the influence of drugs or alcohol or violated the safety rules of the road.
• There was a manufacturing defect, such as defective tires that blew out or defective brakes that failed. The automobile or part manufacturer may be held liable.
• There was a criminal act, such as a robbery in process that caused the accident.
• There were road defects that caused the car to crash into something or go off the road. In this case, the company or municipality responsible for repairs may be held liable for the car accident.

Our wrongful death attorneys at Caldwell Wenzel & Asthana will look to identify all negligent parties who may have contributed to the accident that resulted in the death, as they all may have insurance and assets that can go toward a settlement.

Wrongful Death in Pedestrian and Bicycle Accidents

Pedestrians and bicyclists are vulnerable to injuries and death from being hit by vehicles sharing the road. Drivers are required to take care and avoid injury to pedestrians and bicyclists, or they may be found negligent. Our wrongful death attorneys will investigate how the accident occurred to determine who was at fault.

Common causes of bicycle and pedestrian fatalities that could be wrongful death include:

• Turning in front of and colliding with bicyclists or pedestrians.
• Passing too close.
• Dooring bicyclists by opening car doors while a cyclist is passing.
• Failing to yield to bicyclists or pedestrians.

Wrongful Death Cases from Construction and Workplace Accidents

Workplace accidents are common, especially for inherently dangerous construction. If a workplace death is caused by someone else’s negligence or fault, the negligent party may be held liable for wrongful death. Typical examples include:

• Failure to have proper fall protections.
• Failure to adhere to general scaffolding or ladder safety standards.
• Insufficient safety training for workers.
• Defective equipment.
• Poor safety precautions, and failure to provide proper personal protective equipment.
• Fires and explosions.
• Exposure to toxic substances.

Slip, Trip, and Fall Accidents Leading to Wrongful Death

Owners of Alabama properties are expected to use reasonable care and diligence to keep their premises in a safe condition or to give sufficient warning so that the danger can be avoided. If they fail to do so, and a death results from this negligence, there may be grounds for a wrongful death case. Common causes of fall accidents are:

• Debris or liquids on floors
• Uneven or defective or unrepaired floors
• Broken staircases and railings
• Insufficient lighting.

Our wrongful death attorneys will carefully investigate the scene of the accident to determine the cause and locate all the responsible parties. In some cases, there may be multiple responsible parties such as the owners of the property, the management company responsible for maintenance, and the worker who did not clean up or make proper repairs.

Wrongful Death Caused by Medical Malpractice

Medical professionals in Alabama are required to adhere to a standard of care and perform at the level of professional responsibility required. If a medical professional is negligent and a patient dies as a result, there may be grounds for a medical malpractice wrongful death case. The following are some medical errors that can lead to wrongful death:

• Delayed or misdiagnosis of a life-threatening condition.
• Prescribing or administering wrong medications.
• Surgical mishaps, such as leaving sponges in the operation site.
• Failure to treat or wrong treatment of a serious condition.
• Laboratory or X-ray errors.

Defective Products and Equipment That Cause a Wrongful Death

If the death was caused by a defective product that was used correctly, the negligent manufacturer and distributor may be liable for wrongful death. Common defective products that have caused wrongful death include:

• Defective medical devices
• Defective auto parts
• Defective pharmaceuticals.

Our wrongful death attorneys would look to see if the product involved was defective in design, manufacturing, or because of a failure to warn its users. They will seek to hold manufacturers, suppliers, and sellers liable.

Wrongful Death in Nursing Homes

Nursing homes are responsible for keeping their residents safe and providing proper care, and they may be held liable for their employee’s negligence and misconduct. Other liable parties may be the physicians, nurses, or other staff responsible for care. Wrongful death in nursing homes occurs when the death is caused by someone’s neglect, abuse, or misconduct, such as:

• Improper medical care.
• Failure to diagnose or treat a serious condition.
• Neglect and abuse of patients.
• Failure to provide proper nourishment.
• Slips and falls.
• Medication errors.
• Failure to refer a resident to outside specialists or professionals.

Call Our Mobile Wrongful Death Lawyers in Alabama for Help

We Provide the Legal Representation You & Your Family Need

When your family is struggling with the grief and pain of a wrongful death in Mobile, the injury attorneys at Caldwell Wenzel & Asthana are available to offer answers, advice, and experienced legal representation in your wrongful death lawsuit. We understand what you are going through and are here to answer your concerns and fight for the justice your loved one deserves. Our legal team is ready to work on your behalf to hold the wrongdoer accountable for the death and to obtain the compensation that will make it easier for you and your family to rebuild your lives.

If your loved one passed away under any of the above circumstances, call our Alabama wrongful death lawyer to discuss the events surrounding the death at (251) 444-7000 for a complimentary case evaluation.