You can never get enough advice for losing a loved one. Many people think that they have figured out how to deal with the pain that comes with such an issue. Unfortunately, many find out that they are not prepared for such a scenario when they become a victim of losing a loved one as a result of wrongful death. When you find yourself in such a situation, what you had figured out can easily be mistaken.
Losing a loved one can be shocking for anyone, especially for wrongful death cases. That is why it is vital to work with a Birmingham wrongful death attorney to overcome such challenging moments. With the help of a lawyer who is experienced in wrongful death cases, you will be able to get the justice you deserve.
Our team of experienced personal injury attorneys in Birmingham is willing to seek justice for all our clients. We are sincere and dedicated to what we do. Reach out to our personal injury lawyers by contacting us at Mike Bell Accident & Injury Lawyers. Furthermore, we offer a free consultation service to all interested parties.
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Who Can File a Wrongful Death Claim in Alabama?
According to the State of Alabama, one can file a wrongful death claim if the deceased lost his life while still within the State’s border. However, if the incident occurred in another State, then a wrongful death claim can only be filed in that State. According to the wrongful statutes of Alabama, a wrongful death claim can only be raised by the deceased estate administrator.
Dealing with settlement issues is never easy since most family members end up disagreeing on how the estate’s assets are distributed. Such conflicts only cause wastage of time. Not forgetting that there is a statute of limitations that determine how long you should take to make your claim. Moreover, the deadline is even shorter when the claim is made against a country or a city.
In Alabama, the State only awards compensation for harsh damages in the event of a wrongful death case. Such action is not taken to compensate the accuser but to punish the liable party for such horrific actions and discourage others from making the same mistake. The value of a wrongful death claim will depend upon the facts of the case as well as what was the main cause of the incident.
Why Hire an Attorney for a Wrongful Death Case?
Mike Bell Accident & Injury Lawyers is aware of how challenging it can be when it comes to dealing with wrongful death claims. That is why we support our clients by giving them the legal support they need to overcome such situations and cases. Furthermore, we have years of experience when it comes to dealing with lawsuits and wrongful death claims. Therefore, contact us today, and we will help you get justice for your loss.
What is Considered a Wrongful Death in Birmingham?
According to the State of Alabama, a case of wrongful death only exists when someone loses his or her life as a result of a wrongful act, negligence, or omission. If the victim had survived, he or she could have taken the initiative of filing for a personal injury claim.
An act of negligence is defined as a failure to respond in the correct manner of care when facing a particular situation. Therefore, when filing for such a lawsuit, you are required to provide evidence that shows that the accused could have prevented the death of your loved one if it wasn’t for the negligent behavior.
Alabama’s Statute of Limitations for Wrongful Death Claims
When you lose someone who is close to you, it becomes difficult to focus on anything else since the only thing you feel at the moment is grief. However, you are required to file for a wrongful death claim within the period laid out by the statute of limitations in Birmingham, AL.
In Alabama, the statute of limitations requires one to file a wrongful death claim within a period of two years from the day the deceased lost his or her life. Moreover, if the claim was made against the State, then the time limit reduces to six months. Therefore, to make sure that you abide by this legal requirement, you will need the help of a legal representative. That is why we recommend contacting the Mike Bell Accident & Injury Lawyers to offer you legal guidance and what needs to be done.
Compensation Available for Alabama Wrongful Death Claims
The death laws in Alabama are unique when compared to those of other States. That is because Alabama does not allow anyone to file for compensation when wrongful death cases arise. This usually happens in other states, where any family member of the deceased can seek damages for non-economic and economic loss, including the cost of burial and medical expenses.
You also need to be aware of the fact that compensatory damages are not the same as punitive damages. Punitive damages apply when punishing the accused person of wrongful death, and to discourage such cases in the future. However, what you need to understand is that these claims are awarded to the state and used to cover medical bills and other expenses.
A victim can also file for a claim prior to his or her death. Such an act is referred to as an act of survival. During such a case, victims are compensated for damages that are recoverable, such as property damages, lost wages, pain, suffering, and medical expenses.
Reach Out to Our Birmingham Wrongful Death Attorneys
If you have lost a loved one as a result of another party’s negligence, then you might want to give us a call. Mike Bell Accident & Injury Lawyers will review your case and offer you the best legal advice based on your case. Moreover, do not agree to any type of settlement until you talk to one of our legal representatives.
Mike Bell Accident & Injury Lawyers is experienced handling such cases, and we always do our best to come up with a strong case. Call our Birmingham injury firm today at 866-6MB-WINS, and we will help you get justice by working on your case. Moreover, you can also email us or visit our domain and fill out a contact form. After filling out a contact form, we will get back to you within a short period and discuss your case. Also, do not forget that we do charge our clients for consultation; neither do we ask for upfront payment. The only time we charge for our legal services is after winning a case.