If you have lost a loved one due to the negligence of another, contact our Montgomery, AL wrongful death lawyer today. Losing a loved one is a painful and traumatic experience, and it is only made worse if their death was due to the actions of another person.
In Alabama, you have the right to file a wrongful death lawsuit and hold the party responsible for the death of your loved one, and deter them and others like them from engaging in the same conduct in the future. A lawyer will assist you in building a case that displays the fault of the third party and helps you achieve justice. Contact Marsh, Rickard & Bryan, LLC today to schedule an appointment and find out how we can help you with your wrongful death case.
What Constitutes Wrongful Death
Wrongful death is a term that describes a case where a person dies due to the negligence of a third party. There are many different cases that can be classified as wrongful death. Car and trucking accidents, medical malpractice, workplace accidents, product liability cases, instances of premises liability, nursing home abuse and neglect, and many other incidents can all fall under the umbrella of wrongful death. A Montgomery wrongful death lawyer will review the circumstances of the death and determine if you have a claim of wrongful death and, if so, how best to proceed.
Wrongful Death Cases in Alabama
Alabama has unique laws surrounding wrongful death cases. Rather than recovering compensatory damages, plaintiffs can only recover punitive damages in the state of Alabama. Compensatory damages such as reimbursement for pain and suffering and expenses are designed to reimburse the plaintiff for losses that they have incurred. Punitive damages, on the other hand, are designed to punish the at-fault party and deter them and others like them from engaging in similar harmful behavior in the future.
Punitive damages offer the opportunity to achieve a sense of justice in a wrongful death case and hopefully prevent others from being harmed in the future. The amount of punitive damages that are awarded varies from case to case. The specific act of wrongdoing and degree of fault are factors that may impact the amount of punitive damages awarded. A Montgomery wrongful death lawyer will work to reach an amount that is fair for your particular case.
In Alabama, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. If there is no will, then an heir may initiate the claim. The heir is typically a spouse, but it can be others.. A lawyer can help you understand who is eligible to receive payment from damages and who must initiate the claim.
Choosing Representation
In a wrongful death case, it is important to find representation that is passionate about your case and will fight to bring you justice. In the difficult time following the death of a loved one, you deserve a hardworking lawyer that cares about your story and brings you the peace of mind of knowing that they are working hard to deliver justice. Contact Marsh, Rickard & Bryan, LLC today and let us start fighting for you.
