Wrongful Death Attorney in Dothan

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    Our Dothan Wrongful Death Attorney Can Help You

    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.a man being consoled by his family and wrongful death attorney after a fatal accident

    If you’ve lost a close relative due to someone else’s careless actions, you may deserve to be compensated for your loss.

    At Gartlan Injury Law, we are devoted to helping Alabama families recover maximum compensation for the wrongful death of their loved ones. Contact us today to schedule a private one-on-one consultation with a wrongful death attorney to learn more about your rights.

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    How Our Wrongful Death Lawyers Can Help

    Our firm can help build your case and fight for the compensation you deserve, including:

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    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

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    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.

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    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.

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    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.

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    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 handling catastrophic injury claims, we know what it takes to win.

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    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.

    Have a Question About Your Case? Call Us Today:

    What If My Loved One Is Being Blamed for the Accident?

    Alabama law uses a harsh theory known as contributory negligence, which essentially says that a person is barred from recovering compensation for an injury if he or she even slightly contributed to the injury. Alabama has among the strictest rules of all states. In most states, you can recover something, even if you have some responsibility.

    For this reason, defendants in Alabama almost always look for a way to shift the blame and put responsibility on the victim. To make it even worse, deceased people cannot defend themselves against lies and accusations. Fortunately, experienced wrongful death lawyers can help to minimize these heartless and often baseless claims by defendants and their big insurance companies. There are a few ways we can do this. For example, it may be possible to use:

    Who Can File a Wrongful Death Lawsuit in Dothan?

    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 estate must bring an action for wrongful death. 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.

    Who Is Entitled to Recover Compensation for Wrongful Death In Dothan?

    a car accident caused a wrongful deathIn Alabama, not only does the decedent’s estate have to bring the action, but only the estate can recover compensation. Therefore, any money recovered will pass through that estate to the heirs. If there is a will, it will state who is allowed to receive compensation and in what proportions. If there is no will, the Alabama intestate laws will determine which relatives can recover.

    Because a wrongful death action involves both a civil action and a related probate action, it’s important to hire an attorney who has experience with both.

    Compensation 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, an 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, a 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.

    Common Types of Wrongful Death Claims We Handle

    There are countless ways that a negligent person or company can cause someone’s death. Some of the most common types of cases we see are:

    • Fatal car accidents
    • Fatal motorcycle accidents
    • Fatal truck crashes
    • Workplace injuries
    • Construction site accidents
    • Falls and property injuries
    • Defective products and medical devices
    • Industrial site injuries
    • Animal attacks

    Fatal car accident on the highway.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. We know that it can be stressful, exhausting and painful to pursue justice. We want our clients to know that we will be beside them all the way.

    How Long Do You Have to File a Wrongful Death Claim in Alabama?

    Alabama law strictly limits how long you can wait to pursue justice. In fact, you only get 2 years from the date of death to bring a lawsuit. But a lot has to happen in order to get a case ready for litigation. Therefore, it is wise to hire an attorney as early as possible, so that an investigation can begin. Consider the steps an attorney must go through in order to prepare a case for filing a lawsuit.

    • Investigation
    • Gather information and evidence
    • Hire consulting experts if necessary
    • Establish a probate estate
    • Notify all legal heirs of the estate

    These are just a few of the big steps that go into pursuing a case. Plus, there are specific times when you may have less time than you would normally have. This is especially true in cases where an injury lingered for months or even years before claiming a loved one’s life. Your chances will generally be better the sooner you get legal representation.

    Contact Gartlan Injury Law Today

    For decades, attorney Aaron Gartlan has sympathetically worked to understand his clients and help them through their darkest hours. At Gartlan Injury Law, we will always focus on those who are hurt and in need of our help the most. This is why we choose to never charge our clients big upfront consultation fees or retainers.

    We know that after a death in the family, you have enough to worry about. Our fee should not be one of them. Instead, we only receive compensation if you and your family do. Not only is this the best way to ensure our clients can obtain justice, but it’s also just the right thing to do.

    If you and your family are grieving the loss of a loved one and suspect that someone else’s negligence or recklessness caused your loved one’s death, contact our office today to schedule a free consultation. We will carefully listen to your story and help you make sense of what’s happened. No one should have to face a senseless and unexpected death alone. Contact our Dothan wrongful death law firm today

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