Wrongful Death
wrongful death

Wrongful Death Attorney in Dothan

Have you experienced the heartbreak of losing a loved one due to someone else’s wrongdoing in Dothan, Alabama? You might be feeling lost and unsure of what steps to take next. It’s important to know that you don’t have to face this alone. You can seek justice through a wrongful death claim to obtain some closure and financial relief — and a Dothan, AL, wrongful death lawyer can help.

At Parker Trial Law, we recognize the profound impact of losses such as yours. Since our founding in 2016, we have passionately represented clients like you and fought for those who can no longer fight for themselves. We understand the emotional and legal challenges you face and are here to support you during this difficult time. If you’re ready to explore your legal options, contact us for a free, no-obligation consultation.

What Compensation Is Recoverable in a Wrongful Death Claim?

Most states allow survivors to seek wrongful death compensation for a range of financial losses resulting from a loved one’s death. This typically includes compensation for final medical expenses, funeral costs, and lost wages that the deceased would have contributed to the family. Many states also allow compensation for emotional suffering as recognition for the profound impact of losing a loved one.

Alabama’s approach to wrongful death cases is different, as it permits only punitive damages in wrongful death cases. Punitive damages serve a different purpose than compensatory damages, which make up wrongful death payouts in most other states. Whereas compensatory damages compensate survivors for their loss, punitive damages exist to punish defendants for their actions.

The absence of compensatory damages means survivors in Alabama do not receive financial compensation for the emotional or financial toll of their loss. Instead, Alabama’s approach emphasizes accountability, as state courts seek to deter similar behavior from the wrongdoer and others in society.

When determining punitive damage awards, Alabama courts assess the severity of the defendant’s misconduct. They consider factors such as the level of negligence involved, whether the actions were intentional, and the overall impact of the defendant’s behavior on the deceased and their family. This process aims to reflect the gravity of the wrongdoing and ensure the punishment fits the circumstances.

Given this unique approach, families navigating wrongful death claims in Alabama may find the process particularly challenging. Seeking guidance from an experienced attorney can help them understand their rights and the specifics of pursuing a claim in this context. An attorney can provide the necessary support to advocate for the survivors effectively.

How Are Wrongful Death Settlements Paid Out?

As for how wrongful death settlements are paid out in Alabama, settlements typically go to the deceased’s estate. After a wrongful death claim concludes, the court determines how much to award, and the personal representative of the estate, often called the executor, is responsible for handling the funds.

Once the court finalizes the settlement amount, the personal representative distributes the funds according to Alabama law. Only specific individuals qualify as wrongful death beneficiaries in Alabama. This group usually includes the surviving spouse, children, and parents of the deceased. If the deceased had no immediate family, the court might consider other relatives.

Importantly, Alabama Code § 6-5-410(c) specifies that the damages from a wrongful death case are not subject to the payment of the deceased’s debts or liabilities. Instead, the personal representative must distribute the settlement according to Alabama’s statute of distributions.

What Are the Common Wrongful Death Cases?

Wrongful death cases can arise from various preventable circumstances. Understanding the common types of wrongful death cases can help families assess their situations and determine whether they have valid claims. Below are some common examples of wrongful death cases in Alabama:

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Motor Vehicle Accidents

Many wrongful death cases result from motor vehicle accidents involving negligent drivers. Factors like speeding, distracted driving, or driving under the influence can contribute to fatal collisions.

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Medical Malpractice

This type of case occurs when healthcare professionals fail to provide adequate care, and a patient dies as a result. Errors in diagnosis, surgical mistakes, or improper treatment can fall under medical malpractice.

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Product Liability

If defective or dangerous products cause fatal injuries, families can pursue wrongful death claims against manufacturers or distributors. These cases can involve anything from faulty machinery to harmful pharmaceuticals.

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Premises Liability

Alabama property owners have a duty to maintain safe environments for visitors. If a fatal incident occurs due to unsafe conditions on someone’s property, such as slippery floors or inadequate security, families could pursue a claim against the property owner.

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Intentional Acts

Cases involving homicide or violent crimes often fall into this category. If someone intentionally causes the death of another person, the victim’s family can file a wrongful death lawsuit. This civil action can run parallel to criminal charges against the perpetrator.

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What Do You Have to Prove in a Wrongful Death Case?

In an Alabama wrongful death case, you must prove that another party’s actions caused the death. You need clear evidence showing that the defendant acted in a way that led to the fatal incident and your loved one’s death. Establishing this connection is crucial for your claim to succeed.

An Alabama wrongful death lawyer can prove your claim by gathering and presenting the necessary evidence. They understand how to build a strong case, handle the legal process effectively, and communicate all the facts clearly to a court of law.

Your lawyer might use various types of evidence to support your claim. This could include photos or video footage, medical records that show the cause of death, and witness statements that provide additional context. They might also obtain expert testimony to clarify complex issues related to the case. By collecting and organizing this evidence, your lawyer can build a compelling argument to support your wrongful death claim and demand the financial recovery your family deserves.

Who Can File a Wrongful Death Lawsuit in Alabama?

Only specific individuals can file wrongful death lawsuits in Alabama. According to the Alabama wrongful death statute, only the personal representative of the deceased person’s estate can initiate a claim. This means surviving family members cannot file their own claims unless a court appoints them as the personal representative of the estate.

If the deceased was an adult, the executor of their estate typically serves as the personal representative. In cases involving minor decedents, Alabama Code § 6-5-391 allows the mother or father to file a claim, but only if they act within six months of the child’s death. After this period, the minor’s personal representative must take over the process.

Understanding who can file is essential for families dealing with wrongful death cases in Alabama. If you know or suspect you have a wrongful death claim, a knowledgeable Dothan, AL, wrongful death attorney can guide you through the legal requirements and explain the necessary steps to pursue a claim.

How Long Do I Have to File a Wrongful Death Lawsuit in Alabama?

The Alabama wrongful death statute of limitations gives you two years from the date of your loved one’s death to file a lawsuit. If you wait too long to file, you could lose your right to demand money for your loss, which means prompt action is essential.

A trusted Alabama wrongful death attorney can help you identify and meet the relevant filing deadline for your case. They can also handle your claim efficiently, gather the necessary evidence, and file the lawsuit on your behalf. Working with a lawyer allows you to focus on your family without stressing over the complexities of your case and significantly increases your chances of a successful outcome.

How a Dothan, AL, Wrongful Death Attorney Can Help You

Losing a loved one is one of the most painful experiences anyone can face. The emotional toll can be overwhelming, and the last thing you want to deal with amid your grief is a complex legal process. A wrongful death lawyer in Dothan, AL, can offer compassionate support and practical guidance during this challenging time by:

Evaluating Your Case Icon
Evaluating Your Case

A lawyer can assess the details of your situation to determine if you have a valid wrongful death claim and explain your options moving forward.

Gathering Evidence Icon
Gathering Evidence

Your attorney will collect essential evidence, such as medical records and witness statements, to support your claim.

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Coordinating with Experts

Attorneys often work with experts like medical professionals or accident reconstruction specialists who can provide additional insights into your case.

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Filing Legal Documents

An experienced lawyer can file all necessary legal documents correctly and on time. They can also keep track of deadlines to prevent any delays in your case.

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Communicating with Insurance Companies

Lawyers can handle communication with insurance companies to protect you from potential pitfalls.

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Negotiating Settlements

A lawyer can negotiate settlements with the opposing party, leveraging their experience and legal knowledge to secure a fair amount for your claim.

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Representing You in Court

If your case goes to trial, your lawyer will represent you in court. They will present your case, argue on your behalf, and aim for a favorable outcome.

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Providing Legal Advice

An attorney can offer personalized legal advice for your situation, explain the implications of your decisions, and help you make informed choices.

Never Charging You Anything Unless They Win Your Claim Icon
Never Charging You Anything Unless They Win Your Claim

You pay no upfront attorney’s fees to get started. The attorney is only paid if and when they succeed in securing compensation in your wrongful death case.

Contact a Dothan, AL, Wrongful Death Attorney Today

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If you have lost a loved one due to someone else’s actions, you deserve compassionate support and guidance as you move forward. At Parker Trial Law, we are here to listen to your story, explore your options, and work toward holding those responsible accountable.

Contact our wrongful death law firm today for a free, no-obligation consultation, and take the first step toward seeking the justice your family deserves.