When a loved one dies as a result of someone else’s negligence or carelessness, it is devastating for the whole family. Often the person may be the primary breadwinner for the household, leaving a spouse and children with little or no income and huge medical debts. This is unfair to the innocent families that are forced to pick up and move on without that person.
If you’ve lost a close relative due to someone else’s careless actions, you may deserve to be compensated for your loss. Our Dothan wrongful death lawyer can help.
At Gartlan Injury Law, our Dothan personal injury attorneys are experienced personal injury lawyers providing skilled legal representation to Alabama families seeking maximum compensation for the wrongful death of their loved ones. Wrongful death claims can arise from car accidents, construction accidents, defective products, workplace accidents, and motor vehicle accidents. If you’re in Dothan AL or elsewhere in Alabama, contact us today to schedule a confidential consultation with our Dothan wrongful death lawyers to learn more about your rights. Our firm operates on a contingency fee basis, so you pay nothing unless we recover compensation for you.
Houston County Wrongful Death Statistics and Local Context
According to data from the National Institutes of Health (NIH), Houston County, Alabama averaged 50 deaths per year due to accidents and adverse effects during a recent five-year period. While not all accidental deaths qualify as wrongful deaths, the category does include deaths resulting from motor vehicle accidents such as crashes caused by drunk drivers. An experienced wrongful death attorney in Dothan can review the circumstances surrounding your loved one’s death and discuss whether you have a valid wrongful death claim. Contact Gartlan Injury Law for a free consultation.
How Gartlan Injury Law Can Help After a Fatal Accident
If you recently lost a close relative in a preventable accident in Dothan, you need a knowledgeable wrongful death lawyer who can help you understand the surviving family members’ legal rights. Alabama law specifies that only the personal representative of the deceased individual’s estate may file a wrongful death action and seek punitive damages. The personal representative is usually named in a will if the deceased left one.
Attorney Aaron Gartlan and the legal team at Gartlan Injury Law can guide you through the process and take the following steps:
- Conduct a thorough investigation into the accident and gather evidence to determine what happened and identify the liable party
- Work with outside experts to better understand what occurred and how it’s affected the decedent’s estate and family.
- Manage all communication and negotiations with insurance companies throughout the process.
- Guide the personal representative of the decedent’s estate to help them understand and fulfill their duties.
Why Choose a Wrongful Death Attorney at Gartlan Injury Law?
Here’s why families and personal representatives in Dothan choose Gartlan Injury Law:
- We’re committed to putting people first. We are here to understand your needs during this difficult time and advocate for you at every step. Our team prioritizes strong, frequent communication.
- We have extensive experience serving clients in Dothan and throughout Alabama.
- We work on contingency – you pay no fees unless we recover compensation for you.
- Our firm has a track record of success in wrongful death cases, including claims brought against employers of workers killed on the job.
- Gartlan Injury Law has a reputation within the community for client satisfaction and putting clients’ needs first.
Damages in Alabama Wrongful Death Cases
Wrongful death cases in Alabama are governed by Alabama’s wrongful death laws, which differ significantly from those in other states. Unlike in other states, where families may seek financial compensation such as just compensation for medical bills, lost wages, funeral costs, and other damages, Alabama law only allows for the recovery of punitive damages in wrongful death lawsuits. In an Alabama wrongful death lawsuit, families can recover only punitive damages.
Courts in other states may award compensatory damages to cover losses like medical expenses, lost wages, and funeral and burial expenses, providing financial compensation to the decedent’s estate or family. However, under Alabama’s wrongful death laws, punitive damages do not compensate victims for their losses. Instead, they serve to punish the at-fault party for their actions and to deter similar conduct in the future. Importantly, any compensation awarded is distributed directly to the heirs at law, not to the decedent’s estate.
To protect your legal rights and maximize your recovery in a wrongful death settlement, your lawyer must show that the at-fault party’s actions were hazardous, with a significant risk of injury or death to others. They may show this fact by demonstrating that the at-fault party knew their actions had a considerable risk of causing harm, or that they should have known about that risk.
Additionally, Alabama has a strict statute of limitations of two years from the date of death for filing a wrongful death claim. It is crucial to act promptly to ensure your legal rights are preserved.
Suppose a loved one passed away after suffering injuries in a crash that an intoxicated driver caused. Your wrongful death lawyer may bring up the driver’s history of drunk driving, including any prior DWIs, and point out that everyone should recognize that drunk driving is dangerous.
What Are the Wrongful Death Laws in Alabama?
Alabama has several laws relating to wrongful death claims, including the formal legal process known as a wrongful death action, which allows the personal representative of the deceased’s estate to pursue damages for a loved one’s death caused by someone else’s negligence or wrongful actions. Only the personal representative can file a wrongful death lawsuit in Alabama, making it essential to hire an attorney who can help navigate this requirement and ensure all procedural steps are properly followed. Causes for wrongful death claims may include someone else’s negligence, wrongful actions, or other careless conduct by responsible parties.
Legal action must be taken within the applicable statute of limitations, and the legal process can be complex, requiring experienced legal representation to maximize compensation. Understanding all legal options and identifying responsible parties is crucial, and our attorneys can guide you through each step. It is especially important to choose an attorney who specializes in wrongful death cases, rather than general practice, due to the complexity of Alabama’s specific laws. An experienced wrongful death attorney at Gartlan Injury Law can help you better understand how these laws apply to your case.
What Are the Circumstances Where Someone May File a Wrongful Death Claim?
Under Alabama law, only the personal representative of the decedent’s estate can bring a wrongful death lawsuit on behalf of the estate. Alabama Code § 6-5-410 outlines when the deceased individual’s personal representative can seek compensation. If the deceased did not leave a will, the spouse is first in line to be appointed as the personal representative for filing a wrongful death claim, followed by other heirs. Under this statute, a wrongful death occurs and gives rise to a wrongful death lawsuit when any of the following causes a death:
- Wrongful acts – Including criminal acts, such as homicide, physical assault, robbery, and domestic violence.
- Omissions – When someone has a legal or ethical duty toward another person, such as doctors. For instance, a doctor may fail to timely diagnose a health problem, leading to a medical malpractice claim.
- Negligence – A negligent act occurs when someone does something that a reasonable person in a similar situation wouldn’t have done, resulting in harm to another person.
Understanding the type of incident that caused your loved one’s death is a crucial step in holding the at-fault party liable for the harm they caused.
Does Alabama Have Any Caps on Wrongful Death Damages?
In most cases, Alabama caps the amount of punitive damages a victim can recover. For example, Ala. Code § 6-11-21(a) states that punitive damages typically cannot exceed three times the compensatory damages or $500,000, whichever is greater.
However, wrongful death compensation is different. Under Alabama wrongful death law, or Ala. Code § 6-11-21(j), there is no cap on punitive damages. This law is essential for surviving family members who stand to recover damages in a wrongful death suit. Punitive damages can be significant, sometimes in the millions of dollars, for cases where the at-fault party acted intentionally or with a reckless disregard for the harm they caused.
How To Prove Wrongful Death in Alabama
We are committed to helping families seek justice and protect their legal rights after the loss of a loved one. Wrongful death cases often require extensive investigation and resources, including expert testimony, to establish liability and prove negligence. Our experienced wrongful death attorneys conduct thorough investigations to gather critical evidence, which is crucial for proving negligence and securing a favorable outcome. Many wrongful death cases settle before trial, so having a lawyer with trial experience is essential for negotiation leverage and ensuring you receive maximum compensation. We are dedicated to advocating for your family’s legal rights throughout the entire process.
A comprehensive investigation
Each case starts with a free consultation and a careful fact investigation. This often includes:
- Gathering photographs and videos
- Taking witness statements
- Obtaining medical evidence
- Obtaining government reports and other data
Careful review of medical evidence
Since a wrongful death case necessarily involves a fatal injury, our firm will work to gather the relevant medical records needed to prove your case. Our wrongful death attorneys in Dothan will take care of this process.
Consultations with industry and medical experts
In many situations, our firm will consult with leading experts from around the country who can help to develop your case. In cases involving auto accidents, this may mean consulting with forensic engineers and crash reconstruction experts. In other cases, it may mean hiring medical experts who can help a jury better understand why and how an injury resulted in death.
Skilled settlement negotiations
With the resources and skills of an experienced attorney on your side, you can count on us to take over the negotiations. Often having an experienced attorney handling the negotiations can make all the difference in leveraging a just and fair settlement.
Experienced trial litigation
If the case cannot be settled, your attorney will help to build and prepare your case for trial. With years of experience, our wrongful death lawyer in Dothan knows what it takes to win.
Resolving liens and collections
It’s not always just about getting compensation. It’s also important to have an attorney who can help to minimize the impact of healthcare bills, debts, and other liens. This means putting more money in your pocket at the end of the case.
Who Can File a Wrongful Death Lawsuit in Alabama?
A wrongful death claim is a civil lawsuit brought against a negligent person or company, which claims that the defendant caused the death of a loved one.
Section 6-5-410 of the Alabama Revised Statutes outlines your rights under the Wrongful Death Act. According to Alabama law, the decedent’s personal representative is allowed to file the action.
In many states, family members can directly bring a lawsuit and recover compensation. In those states, this is regarded as a separate claim from the estate’s claim. In Alabama, however, the decedent’s estate must bring an action for wrongful death through the personal representative. Therefore, whoever is named the personal representative under a will is the appropriate person to bring the lawsuit. If there is no will, then a probate estate will need to be opened and a relative named as representative. When seeking a Dothan wrongful death lawyer, reviewing case results and client testimonials can provide valuable insight into an attorney’s reputation and success rates in wrongful death cases. We have some of the best Dothan wrongful death attorneys to help.
What Compensation Is Available for a Wrongful Death in Dothan?
Some people get confused about why there would be compensation in a wrongful death case. After all, a deceased person cannot be helped. No amount of money can help the family bring back a loved one. As many clients have said over the years, “what’s done is done.”
But this is shortsighted. It ignores the realities that families suffer after an unexpected loss.
For instance, here are just some of the ways that families may suffer after losing a loved one:
- High Medical Bills. When a person is involved in a fatal crash or suffers a deadly fall or workplace injury, there will most likely be medical bills. People rarely “die on impact.” In most cases, there is a serious injury that allows the person to suffer for days or weeks, racking up enormous bills before death. Hospital bills, surgeries, ambulance bills, and other costs can be so high they leave a spouse to consider bankruptcy. This is simply wrong.
- Funeral and Burial Costs. Anyone who has had to bury a loved one knows just how expensive funerals are. Between grave openings and closings, a funeral service, and even a modest casket, a burial service can end up costing tens of thousands.
- Lost Support and Income. If the decedent is the breadwinner, just imagine losing a family’s entire income all at once without warning. Even if the spouse and children are well educated, have solid savings, and are living below their means, unexpected death can result in a life-changing situation. A spouse who used to stay at home with young children may be forced to scramble to find work, pay for daycare, and struggle to pay bills. If the decedent was a homemaker, it can mean the surviving spouse being forced to hire housekeepers, nannies, daycares, and other services to make up for the loss of the help.
- Loss of Emotional Support. Of course, there’s also the intangible fact that you just lost someone you may have shared much of your life with. If it is a child, parent, spouse, or some other close member of the family, the loss will change you forever.
- Other Unanticipated Consequences. Finally, there are countless other losses. For example, the decedent may have carried the family’s health insurance, which means health costs may skyrocket for the surviving family. The decedent may have been receiving disability income or veteran’s compensation or a pension. These may be drastically reduced or go away entirely when the person dies. The decedent may have been the one to prepare regular meals or may have been skilled at maintaining and repairing vehicles. Now the family must face these day-to-day events without the help of the decedent.
Ultimately, wrongful death is a generational loss of wisdom, love, and affection. It strips an entire family of a legacy. While no amount of money can replace the person, a financial award in a wrongful death case can help to replace the lost income and cover many of the unfair and unexpected costs.
How Are Wrongful Death Claims Against Cities, Counties, or Local Governments Different?
Wrongful death claims involving government entities are subject to rules that don’t apply to claims against private parties. Alabama law imposes special notification requirements and limits when a government agency may be held liable. The law caps recoverable damages in these cases. Anyone considering a wrongful death claim will need to take these special requirements into account from the outset. For this reason, you should contact a wrongful death attorney in Dothan as soon as possible to clarify your options and protect your right to pursue a claim.
How Wrongful Death Claims and Survival Actions Differ
Wrongful death claims and survival actions have some similarities, and you might pursue both after a loved one’s death, but they address different legal rights. A wrongful death claim in Alabama seeks compensation in the form of punitive damages. The damages awarded are meant to punish the wrongdoer’s conduct. A survival action acts as a continuation of a personal injury claim if the decedent filed one before their death. Its purpose is to compensate the decedent’s estate for the losses they incurred while they were still living, such as medical expenses, lost wages and pain and suffering.
How Alabama’s Contributory Negligence Rule Could Affect a Wrongful Death Claim
Under Alabama’s contributory negligence statute, the estate of a decedent who bears even a small share of responsibility for a fatal accident is barred from recovering compensation through a wrongful death claim.
Insurance companies defending against these claims will look for any evidence they can find that the accident victim was at fault for their own death. For this reason, you need strong legal representation when pursuing a wrongful death claim. An experienced wrongful death lawyer can push back against unfair attempts to blame your loved one for the accident and fight for the fair compensation the estate deserves.
How Wrongful Death Settlements Are Paid
When it comes to Alabama wrongful death compensation, proceeds are distributed somewhat differently than in personal injury cases. While the personal representative brings the wrongful death suit on behalf of the estate, any wrongful death compensation recovered through a settlement or court award is distributed according to Alabama’s intestate succession rules. The amount each heir receives depends on their relationship to the decedent. State law prioritizes the surviving spouse, followed by any surviving children, parents, siblings, and other relatives.
Are Creditors Allowed to Claim Wrongful Death Proceeds?
No. Alabama does not consider wrongful death proceeds as assets of the decedent’s estate. As a result, creditors are not entitled to payment of the decedent’s debts or liabilities through any compensation awarded through a wrongful death claim. However, if the estate also recovered compensation through a survival action, creditors may be entitled to a portion of those proceeds to satisfy the decedent’s outstanding debts.
Whether your loved one died in a crash, at work, or from an injury on someone’s property, we want to help. At Gartlan Injury Law, you are more than just a client. You are the very reason we do what we do. We consider it an honor to represent people who have suffered the most serious and catastrophic of injuries.
