Was your loved one killed as a result of another person’s negligence? You may have legal options available to help you move forward. Speak with a Hamilton wrongful death lawyer at Mama Justice today.
No one expects to lose a loved one in a sudden accident, and when the incident is the result of someone else’s negligence, it only becomes even more difficult. Unfortunately, these types of accidents are common, as around 40,000 people in the United States die each year in auto accidents due to the actions of another person or entity.
When this happens, surviving family members are often left without the answers or financial compensation they need to deal with the resulting economic losses. Mama Justice is here to help ensure that doesn’t happen to you.
Our experienced Hamilton wrongful death lawyers will fight for answers to make sure you are compensated for your losses. Contact us today to get the justice you deserve.
What is Wrongful Death?
Wrongful death is a civil case brought by family members and dependents against individuals who caused the death of another person. A wrongful death action can have higher stakes than a criminal case, the highest of which are for those making the products or performing the actions that resulted in the death.
Wrongful death claims are usually brought against a defendant who caused someone’s death intentionally or through negligence. To file a wrongful death claim, an estate representative brings the lawsuit on behalf of surviving family members affected by the death. The deceased’s estate may also sue for damages that occurred before their passing.
A civil lawsuit may be filed by the family members of a person killed due to the negligence or intentional actions of another party, even if the other party is never criminally charged or convicted. A surviving family member may seek damages for their economic losses, including past and future medical costs, loss of companionship, lost wages, funeral expenses, emotional distress, negligent conduct, and more.
Statues of Limitations of a Wrongful Death Lawsuit
There is a time limit on filing a wrongful death claim in Hamilton. Statutes of limitations for wrongful death claims are designed to protect insurance companies, other parties that may have caused the death, and defendants who played an indirect role in causing the action.
The claimant must file the wrongful death claim within two years of the decedent’s death. If the time limit is exceeded, the defendant has grounds to ask the court to reject the case and the judge will certainly do so. However, there are exceptions to every rule.
Exceptions to Statute of Limitations for Wrongful Death Cases in Hamilton
There are exceptions to the statute of limitations for wrongful death cases in Hamilton, allowing you to hold a negligent party accountable for your loved one’s death even if more than two years have passed since their passing.
One of these exceptions is known as the discovery rule. The discovery exception applies even if you found out about your loved one’s death long after it occurred. If you give the court proof that, when your loved one passed away, you were unaware of the negligence of another person or company, then your case can move forward.
When is a Wrongful Death Lawsuit Applicable?
Most people are familiar with the concept of wrongful death but may not know when it is applicable. To determine whether or not a claim exists, the court will analyze whether the defendant’s actions were negligent or intentional and whether that negligence resulted in death.
If it is determined that the defendant is liable for wrongful death damages, then family members may be eligible to file a wrongful death lawsuit with the help of an experienced wrongful death attorney to help them recover compensation.
A surviving family member may be able to recover compensatory damages for their loss. If you have recently lost a loved one under these circumstances, it is important to speak with an experienced wrongful death attorney who can help you understand your legal rights and help you win a wrongful death case.
Wrongful Death Claims in Hamilton
In Hamilton, when a person dies as a result of the actions (or inaction) of another party, the family members of the deceased may have a legal claim for wrongful death. Depending on the circumstances, different types of claims may be available. Each type of wrongful death claim has specific elements that must be proven for the case to be successful.
Death by negligence occurs when someone dies due to another person’s carelessness or recklessness. For this type of claim to be successful in Hamilton, it must be shown that the person who caused the death was negligent and that this negligence led directly to the victim’s death.
Have You Lost a Loved One in Hamilton?
The sudden and accidental loss of a loved one is a tragedy that no one should go through. Unfortunately, this is a reality for far too many people in Hamilton. There is no single way to cope with such a devastating occurrence, but there are some steps that can help.
Here are three tips for coping with the loss of a loved one due to wrongful conduct:
Accept that the loss is real
The loss of a loved one is always hard to accept and causes great emotional distress, but when the loss is due to the careless, reckless, or negligent actions of an individual, it can be even harder. If you’ve lost a loved one, it’s important to remember that the pain and grief you’re feeling are real and warranted. It’s also important to seek out support from family and friends, as well as professional counseling if needed.
It is only natural to mourn the person you lost. You may feel like you have a hole in your life that can never be filled. Grief is a process, and giving yourself time to grieve is important. There are many ways to do this, and everyone grieving will find their own way.
Remember the good times you shared with your loved one
It’s been said that time heals all wounds, but sometimes it feels like the pain of losing a loved person never goes away. When you think about your loved one, try to remember the good times you shared and how much joy they brought into your life. Although it may be difficult at first, eventually these happy memories will help ease the pain of loss and help you move forward.
Don’t be afraid to seek professional help if needed
Losing a person is one of the hardest things people go through. If you suspect that their death was due to someone behaving in a careless, reckless, or negligent manner, don’t be afraid to seek professional help.
There are many resources available to help you get through this difficult time, and you shouldn’t have to go through it alone.
Our experienced Hamilton wrongful death attorneys understand that dealing with the loss of a loved one is difficult and confusing. Schedule a free consultation with Mama Justice to discuss how to get a personal representative who will help you file charges and pursue compensation for your loved one’s untimely death.
Types of Damages You Can Claim After a Wrongful Death in Hamilton
The pain and grief of losing a loved one due to someone’s negligence can be unbearable. Alabama law recognizes this and compensates for damages that can help ease the burden.
If you have lost a loved one in Hamilton due to someone else’s negligence, contact a wrongful death attorney today to discuss what legal actions to take. Some of the damages you can claim after a wrongful death in Hamilton include:
Economic Damages
Economic damages are monetary compensation and other forms of financial support that can be claimed after a wrongful death in Hamilton. These include:
- Loss of benefits and pension plans in the event of premature death
- Inability to contribute to a family’s household and business income
- The loss of products or services contributed by an individual who is killed suddenly
- Medical bills related to a fatal injury or illness
- Loss of inheritance
- Funeral and burial expenses
- Lost income
Non-Economic Damages
These are damages that are not as easy to quantify. They may have a higher value than monetary damages. Examples include:
- Mental anguish from the survivor’s care, protection, guidance, advice, and nurturing of the deceased
- Loss of love and society from the deceased spouse
- Loss of consortium from a living spouse
Who Can File a Wrongful Death Claim in Hamilton?
In Hamilton, if a person dies as a result of the negligence or wrongdoing of another party, their surviving relatives may be able to file a wrongful death claim to get the maximum settlement to foot their funeral expenses, secure their family’s financial future, pay legal fees, settle outstanding medical expenses, and erase other financial concerns.
This type of civil lawsuit can help hold the responsible party accountable for their actions and recover some financial compensation for the damages caused by the death.
To bring a successful claim, certain family members must be listed as plaintiffs, and specific time limits are in place. You should contact our experienced wrongful death lawyers at Mama Justice to discuss legal options and help you seek compensation.
Wrongful Death Following a Car Accident
If you have recently lost a loved one in a fatal accident that was caused by the careless, reckless, or negligent actions of another individual, you may be able to file a wrongful death claim.
Filing a claim can be complex and overwhelming, but an experienced attorney can help you navigate the process and get the compensation you deserve. Contact Mama Justice today to help you fight for your compensation.
In Hamilton, thousands of people are killed each year in car accidents that could have been prevented. The main causes of car accidents resulting in wrongful death include:
- Speeding
- Drunk driving
- Distracted driving
Wrongful Death Following a Premises Liability Accident
No one ever thinks that they will be the victim of a premises liability accident that results in the wrongful death of a loved one. Unfortunately, these accidents happen every day, and when they do, it is important to know how to seek justice.
If you have suffered the loss of a loved one due to a premises liability accident, here are some things you can do to seek justice:
- Prove that the Property Owner was Negligent in Their Duty to Keep Visitors Safe: When a property owner invites people onto their land, they must ensure those people will be safe from any avoidable hazards. Unfortunately, some property owners fail in this duty, and accidents happen as a result. If someone is killed in such an accident, it may be considered a wrongful death. You need to gather evidence to prove that the property owner was negligent in their duty to keep their visitors safe.
- File a Wrongful Death Lawsuit and Hire an Experienced Wrongful Death Lawyer: Losing a loved one unexpectedly is always a tragedy. If that loss was the result of someone else’s negligence, it can be even harder to deal with. Filing a wrongful death lawsuit can help hold the at-fault party accountable and ensure that other families don’t have to go through the same heartache.
One of the most important things you can do is hire an experienced attorney at a reputable law firm who can help you navigate the legal process and ensure that your rights are protected.
At Mama Justice, our wrongful death law firm has extensive experience handling wrongful death claims resulting from premises liability accidents. We understand how devastating this type of loss can be, and we will fight tirelessly to help you get the justice and compensation you deserve.
Wrongful Death in the Workplace
No one ever expects to lose a loved one in a workplace accident. Unfortunately, these accidents do happen, and the pain and suffering that follows can be overwhelming. If you have lost a loved one in a workplace accident, you may be feeling confused, angry, and helpless. You are not alone.
We have experienced Hamilton wrongful death lawyers at our law firm that can help you navigate this difficult time and fight for the compensation you deserve. Schedule a free consultation with our personal injury lawyer to discuss your wrongful death case today.
Contact Our Hamilton Wrongful Death Lawyer Today to Get the Justice You Deserve
Wrongful death actions almost always involve complex areas of law. At Mama Justice, our Hamilton wrongful death lawyers are ready to answer any questions, and we will talk about your legal options in further detail. Your consultation is free, so all you have to do is get in touch with us.
Mama Justice helps families deal with the financial, emotional, and legal aftermath of wrongful death. Mama Justice has a proven record of achieving large settlements and verdicts on behalf of its clients. Contact Mama Justice by calling (888) 484-1476.