If you have lost a family member due to the negligent actions of another person, you deserve justice for your suffering. Contact the Decatur wrongful death attorneys at Mama Justice to get started on your case today.

No one wants to think about someone they love dying prematurely, and they certainly do not want to think of that death coming at the hands of someone else. Unfortunately, every year, several thousand people die due to another’s negligence and avoidable injuries.

Wrongful death cases are some of the most challenging personal injury cases, so if you find yourself in this situation, you will need the services of a reputable Decatur wrongful death lawyer.

Wrongful death suits are about more than compensation; they are about justice for the deceased and their surviving family members. In Alabama, wrongful death damages are punitive, not compensatory. This means that any damages you are awarded are intended to punish the defendant and discourage future misconduct.

At Mama Justice – MW Law Firm, we know that nothing is more heartbreaking than losing someone you love due to another person’s carelessness. You probably have a lot of questions regarding the wrongful death claim process and the steps you should take.

As a law firm whose founding attorney is a mother who lost her child, we understand how painful death is and are here to offer empathy and support and walk you through each phase of an Alabama wrongful death lawsuit. Schedule a free legal consultation with our team to see how we can help you throughout the legal process of seeking justice.

What is a Wrongful Death?

Wrongful death is a form of personal injury. The primary difference between a personal injury and a wrongful death is that the victim died as a result of their injuries. Some wrongful death lawsuits are initiated by a fatal car accident. Others are due to medical malpractice. There are several different kinds of wrongful death lawsuits.

If you lost a family member in any type of negligence-based accident, reach out to the Decatur wrongful death lawyers at Mama Justice. We will review the details of your potential claim in a free consultation and make sure you understand your right and options under Alabama law.

Do I Have Grounds to File a Wrongful Death Suit?

You are eligible to file a wrongful death case if the person or entity responsible for the death was found to be negligent. A wrongful death could be caused by an intoxicated driver fatally striking someone with their car, a surgeon’s negligence could result in the death of a patient on the operating table, or unlawful conduct, like assault and battery, could lead to fatal injuries. An experienced Decatur wrongful death attorney will be well-versed in the conditions necessary for an Alabama wrongful death case.

Is there a Deadline for Filing a Wrongful Death Lawsuit in Alabama?

All states set certain time limits on how long plaintiffs have to file a legal action with the proper court. This deadline is known as a statute of limitations. In Alabama, you have two years from the cause of action to file your claim. If you do not file your wrongful death lawsuit before the deadline expires, you will lose your right to file as well as your right to collect any financial compensation.

How Do I Prove a Wrongful Death?

To recover compensation for wrongful death, your Decatur wrongful death lawyer will need to prove that four specific elements were present. In civil cases such as this, the burden of proof is on the plaintiff, so it will be up to your Alabama wrongful death lawyer to establish the following:

  • Duty of Care: First, you will need to show that the deceased was owed a duty of care, either implied or explicit, by the defendant.
  • Breach Of Duty: Then, you need to prove that the defendant breached the duty they owed the deceased through either recklessness, negligence, or dereliction. For instance, if your spouse died due to a doctor’s misdiagnosis, you would need to demonstrate that the doctor had a responsibility to diagnose their patient correctly and, by not doing so, they did not meet the medical standard of care. If the deceased was killed in a car accident, you need to show that the other driver was at fault.
  • Causation: The third element is causation. For this, your lawyer will have to show that the defendant’s breach was the proximate cause of your loved one’s death. So, for instance, if a physician failed to diagnose your spouse with cancer, and then your spouse is killed in a car crash six months later, you would not have a valid claim because the doctor’s misdiagnosis played no role in the death.
  • Damages: In most states, the fourth element is proving that economic damages resulted from the accident. In Alabama, however, only punitive damages are awarded in these situations. The state’s wrongful death statute does not allow a defendant to be sued for compensatory damages. This includes medical expenses, lost wages, burial costs, and other financial burdens.

A Decatur wrongful death lawyer from Mama Justice can meet with you for a free consultation at your earliest convenience to discuss your case and the legal options available to help you move forward.

Who can File an Alabama Wrongful Death Claim?

Another legal aspect in which Alabama varies from other states has to do with who can bring a wrongful death lawsuit. In most other states, any member of the deceased’s immediate family is eligible to file on their behalf. Alabama does things a little differently.

The only person able to file a wrongful death lawsuit is the personal representative of the deceased person’s estate. Once a probate estate is opened, and a family member is appointed as estate representative, the claim can be pursued.

Who can be Sued for a Wrongful Death?

As for who you are able to sue, there are lots of potential parties. This will mainly hinge on what type of accident caused the death. Some defendants commonly named in Alabama wrongful death suits include:

  • Hospitals: If your family member died while they were being treated in a hospital, you might have a valid wrongful death claim. Now, in most instances, the hospital will have done everything in its power to save your loved one. Negligence on the part of the hospital is extremely uncommon. If this is not the case though, your experienced attorney can seek justice by filing a successful wrongful death claim against the hospital.
  • Healthcare Providers: Physicians, nurses, and other healthcare workers can be cited for misdiagnosing or failing to diagnose a patient. For instance, if a physician overlooks a clear diagnosis and the patient dies because they didn’t know they needed to seek treatment, the worker could be held liable for wrongful death.
  • Negligent Drivers: If the victim was killed in a car crash, the other driver could be held accountable for wrongful death. This is typical of fatal accidents involving drunk drivers, speeding drivers, and distracted drivers.
  • Trucking Companies: If your loved one died in a collision with a commercial truck and it can be proven that the truck operator, trucking company, or a third party was negligent, then one or some combination of the three might be held responsible for damages.
  • Pharmaceutical Manufacturers: New medications are constantly being pushed onto the market at an alarming rate, many of them without having the full extent of their potential side effects properly tested. With pharmaceutical companies in such a hurry to make money, it is hard to know what is safe and what isn’t. If a medication turns out to be dangerous on its own or when taken with another drug and the manufacturer fails to provide sufficient warning, it can be sued.
  • Product Designers and Manufacturers: Similar to pharmaceutical manufacturers, if any product turns out to be dangerous when used as intended, especially if it does not contain adequate warning labels, the designer or manufacturer could be sued for wrongful death.

Our Decatur wrongful death lawyers have seen all types of cases and can suggest the best course of action for your situation.

What Types of Wrongful Death Cases Do You Handle?

Even though car crashes and medical malpractice cases are the most frequent causes of wrongful death, there are dozens of different kinds of wrongful death lawsuits in Alabama. Some of the most common ones include:

  • Motor Vehicle Accidents: Several thousand people are killed in motor vehicle collisions every single year. Two of the most common causes of fatal car accidents in Alabama are drunk driving and speeding. If a driver was conducting themselves negligently when the fatal accident occurred, they are most likely liable for wrongful death.
  • Commercial Truck Accidents: Due to their enormous weight and size, accidents involving commercial trucks are extremely perilous. Every year in Alabama, hundreds of fatalities are caused by commercial truck accidents. In most cases, it’s an occupant of the smaller passenger vehicle who is killed. If you lost your loved one in a commercial trucking crash, you could have a valid claim against the operator, their employer, or a third party, depending on how and why the accident took place.
  • Bicycle And Motorcycle Accidents: Bicycle and motorcycle accidents are often deadly. This is mostly because there is nothing but a plastic helmet protecting the riders from the impact of a vehicle. If the driver is found liable for the crash, they may be liable for a tragic death as well.
  • Medical Malpractice: In the United States, medical mistakes are the third leading cause of unintentional deaths. Most people pay exorbitant amounts of money every year to ensure that they are healthy and that they receive the proper care when they are not. It is a doctor’s job to keep people safe and make them well. If a doctor or other medical professional prescribes a patient the incorrect medication or the correct medication in an incorrect dose, they could die. A patient could also die if a medical professional fails to diagnose them with a serious or terminal illness. In both of these scenarios, you likely have a legitimate claim against the hospital, the doctor or another member of staff, or both.
  • Product Liability: Sometimes, it seems like every product on the market today is dangerous. Sometimes it’s hard to know what is safe and what should be avoided. The majority of wrongful death cases arising from product liability claims are the result of design and manufacturing flaws. Most Alabama product liability cases involve:
    • Motor vehicles
    • Heavy machinery and equipment
    • Lawnmowers and power tools
    • Children’s games and toys
    • Dangerous pharmaceuticals

If your relative died due to a wrongful death incident, such as an act of negligence portrayed by a product designer or manufacturer, we urge you to contact a Decatur wrong death attorney from the law offices of Mama Justice for a free case evaluation. Our Decatur wrongful death lawyer can guide you through the legal process and fight to ensure your surviving family members get the money you need for funeral expenses, lost wages, and more.

Call and Speak With a Compassionate Wrongful Death Attorney

If you recently lost a family member to wrongful death, the furthest thing from your mind is a lawsuit. You are too busy making funeral arrangements and just doing what you can to hold your family together. It is, without a doubt, the worst thing you will ever go through.

This is just one of the reasons you should work with an experienced Alabama wrongful death lawyer. They can take care of the paperwork, filings, investigation, deadlines, and communications with the opposing counsel and the insurance company while you and your family are mourning. We have recovered millions in damages for our clients in many wrongful death cases and are prepared to do the same for you.

While the law in Alabama only allows for punitive damages to be awarded, you still have certain rights. The defendant should be penalized for what they did, and wrongful death damages will ensure that another family will not have to go through what you are going through. Even if it was accidental, their negligence led to the death of someone you love, and they need to be brought to account. Like most reputable personal injury firms, we operate on a contingency fee basis. This means that you pay nothing out of pocket unless your wrongful death case is successfully resolved, either through a settlement award or a favorable jury verdict.

Contact our Decatur wrongful death lawyers today at (888) 484-1476 and schedule your free consultation. We will examine the details of your potential case and advise you on the best way to proceed. The defendant is going to have strong legal representation throughout the legal process, and so should you.