The legal term for the loss of life caused by another person’s negligence is wrongful death. When someone is killed in a motor vehicle accident caused by a negligent driver, it is an example of wrongful death. Fatal accidents caused by defective products or suffered in nursing homes may also be considered wrongful death. With the help of an experienced attorney, surviving family members may be able to file a claim to pursue compensation.
It is important to understand that unless suit has been filed for injuries prior to one’s death, under Alabama law, the only claim which survives someone’s death is a claim for wrongful death. To maintain a wrongful death claim, it must be proven that such injuries proximately caused or contributed to the death. Moreover, under the Alabama Wrongful Death Act the only damages permitted to be recovered are punitive damages, designed to punish the wrongdoer, and there is no recovery of compensatory damages.
Another unique aspect of the act is that the proceeds of a settlement or judgment are received directly by the personal representative and not by the estate, it being the intent of the legislature that such proceeds not be subject to any liens or encumbrances.
Let Us Handle The Legal Issues For You And Your Family
At the Law Offices of Clark, James, Hanlin & Hunt, in Birmingham, our lawyers realize this is a difficult time for you and your family. It is not a time that you should be spending in law offices and courtrooms. It is a time to spend remembering your loved one.
We are here to handle the legal issues on your behalf. Our team has been representing families throughout Alabama for over 25 years, so you can be confident in our ability to get justice for your loved one. Working with experts as necessary, we will determine who was negligent. We will build a strong case, and we will take that case to trial if our opponent is unwilling to offer a fair settlement.
Throughout the process, we will keep you involved. As questions arise, we will make certain you and your family get answers. We are here for you.