fbpx

Alabama Wrongful Death Lawyers

PRACTICE AREAS

Wrongful Death Lawyers in Mobile, Alabama

Losing a loved one is always devastating, but when your family member passes away due to the negligence or reckless conduct of someone else, it is especially tragic. If your loved one died as the result of another party’s bad actions, the wrongful death lawyers in Mobile, AL at Taylor Martino, PC can help. Call us today to learn more and discuss the first steps you should take.

There is nothing more shocking than losing a loved on in a fatal accident. Whether it happens at work, as the result of a serious car accident, or from a defective product or any other accident type, learning that your loved one has suffered a fatal injury can be extremely trying to deal with.

At the law offices of Taylor Martino, P.C., our experienced Alabama wrongful death attorneys understand that when you are mourning the loss of loved one, filing a civil action for damages may not be at the top of your priority list. We understand, and want to reassure you that our attorneys are here to patiently and compassionately help you and your family understand your options and right to damages.

What Is a Wrongful Death Claim?

A wrongful death claim is a type of civil action that is filed after the wrongful or neglectful actions of one party lead to the death of another. An Alabama wrongful death lawsuit is permissible in situations where the decedent would have had a personal injury claim had the injury not resulted in death. These types of claims are typically filed on the behalf of the surviving spouse or immediate family member of a person who was killed in an unpredictable and tragic accident type, and can be used to seek punitive damages.

A wrongful death lawsuit in Alabama may be pursued when any type of accident results in the death of another. This includes, but is not limited to:

  • Incidents of medical malpractice;
  • Nursing home abuse and neglect;
  • Motor vehicle accidents;
  • Pedestrian accidents;
  • Motorcycle accidents;
  • Defective product or pharmaceutical incidents;
  • Bicycle accidents;
  • Slip and fall cases;
  • Truck accidents;
Taylor Martino Attorney At Law Wrongful Death

Elements of a Wrongful Death Suit

In order for a wrongful death suit to be successful, a plaintiff must prove certain elements (the same elements that are necessary to establish in a standard negligence-based personal injury claim). These elements are:

Duty of care

The plaintiff must prove that the defendant in the action owed the decedent a duty of care. In many cases, this duty of care is implied.

Breach of duty of care

Once duty of care is established, the plaintiff must prove that the defendant breached the duty of care. For example, if a product manufacturer released a product with a dangerous defect, this is a breach of the duty of care owed to a consumer

Causation

It is not just enough to prove that the defendant breached the duty of care owed to a plaintiff; causation must also be established. Causation means that the decedent’s injuries would not have been established but for the defendant’s actions.

Another, very unique, aspect of Alabama wrongful death cases is that a plaintiff must prove that the breach of duty of care/action of the defendant was intentional and wanton. This will be discussed more in the section on damages recoverable.

Who Can Bring Forth a Wrongful Death Suit?

While a surviving family member in Alabama cannot file a wrongful death claim directly, they can recover damages via the deceased person’s estate. In other words, it is the estate–and therefore the legal representative of the decedent’s estate–that will bring forth a wrongful death claim for damages. All damages recovered as a result of the suit will be paid to the estate, which will then be distributed to beneficiaries (spouse, children, etc.) accordingly.

Damages Recoverable in Alabama

It is important to speak directly with a wrongful death lawyer in Mobile, AL before pursuing a claim, because wrongful death cases in Alabama differ from wrongful death cases in every single other state in the nation in one big way: in Alabama, a plaintiff in a wrongful death claim is not allowed to seek compensatory damages, which means that damages for medical expenses prior to death, funeral and burial expenses, the value of the deceased’s lost wages, etc., cannot be sought. Instead, the state only allows for punitive damages to be collected in a wrongful death case. Unlike compensatory damages, punitive damages are designed to punish the defendant for wrongdoing and deter crime, not compensate victims. In order to recover punitive damages, a plaintiff will have to establish that the defendant “consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff” (Alabama Code Section 6-11-20).

However, while punitive damages are capped in the majority of personal injury cases in the state of Alabama at $500,000 or three times the amount of compensatory damages, these limitations do not apply to wrongful death actions (Alabama Code Section 6-11-21(j)).

While a wrongful death claim may not compensate you directly for the specific losses that you have incurred, settlements and jury verdicts for punitive damages can be thousands of dollars, and depending upon the circumstances of your case, you may be able to recover a compensation award that is sufficient to provide you with the financial assistance and sense of justice you need.

Statute of Limitations for Wrongful Death Lawsuits in Alabama

In the event that you do think that you have a wrongful death lawsuit claim and are interested in bringing forth your case, you must be sure to do so within two years’ time. If you wait longer than two years, you will be permanently barred from recovering damages. The two-year clock begins ticking from the time of the decedent’s date of death.

Contact Our Mobile, Alabama Wrongful Death Lawyers Today

Filing a wrongful death claim can be a hard thing to do, and if you have recently lost a loved one, you may be wondering whether or not filing a wrongful death action is the right decision, especially knowing that only punitive damages may be recoverable. At the law office of Taylor Martino, P.C, our experienced Mobile, Alabama wrongful death lawyers will gladly review your case for free and provide you with sound legal advice about what would be in your best interests moving forward.

If you are looking for an attorney you can trust and who is sensitive to what you’re going through, our lawyers are here for you. Please contact our law firm today for a free, no-obligation consultation. We can schedule a consultation at a time that works for you, including weekends and after-hours. Reach our team now at 251-433-3131.

Let us help you!

If you have been injured or require immediate assistance, please feel free to contact us by phone or submit a consultation request. We will get back to you with 1 business day.

Call : 1-800-256-7728

Info@TaylorMartino.com 24 Hours a Day

Jordan Davis
Jordan Davis
13:24 20 Aug 19
Love the whole legal team at Taylor Martino. They truly care about their clients. Would not go to any another Injury Lawyer in Alabama!read more
Kiyyah Malik
Kiyyah Malik
19:09 13 Jun 19
Ben Kearns and the staff at Taylor Martino made a terrible situation (car accident) into a much simpler less stressful process. I appreciate all the dedication and hard work. They are highly recommended in my book!read more
Shadow Yuuki
Shadow Yuuki
20:04 22 May 19
These guys are the best. If anyone needs a lawyer, they did what they said they where going to do and when they said they going to do it i got everything i should have. They are the best lawyers in Mobileread more
Rachel
Rachel
21:34 20 May 19
I heard about Ed Rowan from my aunt and gave him a call. Ed Rowan got things done in a timely matter and Elizabeth Wright was very helpful and quick to respond when I had any questions.read more
Tim Howard
Tim Howard
15:11 23 Sep 18
I highly recommend the firm as they took my case and settled it quickly. They took me in and treated me like family from day one. They kept me informed throughout the process and never left me feeling uncomfortable. Ben and Jennifer went above and beyond what anyone would expect.read more
sree harsha sunkara
sree harsha sunkara
15:14 13 Apr 18
This was the best law firm I have ever experienced. All I did was just contacted them and they did the rest for me and updated me every week about the work in process. They were so good and I highly recommend them in case of any accidentsread more
Next Reviews

Have You Been Injured and Need Assistance?

We Can Help You! Call Now: 1(800)256-7728

Info@TaylorMartino.com
·  Mon – Fri 9:00-5:00
Partners at Taylor Martino, P.C.