The death of a loved one is always tragic, but it is especially so in cases where the death never would have happened if it hadn’t been for someone else’s negligence, fault, or wrongful behavior. While nothing can make up for the loss of your loved one, a wrongful death lawyer in Birmingham can help you get through this difficult period. A successful wrongful death lawsuit can provide compensation for your losses that will make life easier for you and your family. A lawsuit can also provide justice and punishment for those responsible for the death, to help ensure that they never repeat this behavior and harm anyone else.
At The Wininger Law Firm, we understand what you are going through and focus on relieving the burdens on you and your family. Our Birmingham wrongful death attorneys have helped grieving families for over five decades to obtain fair and just results in wrongful death cases in Alabama. The trusted attorneys at our family firm provide responsive, personalized legal representation through every step on the road toward getting resolution of your case.
We offer a free consultation on all personal injury matters and will provide an honest assessment of the facts surrounding your loved one’s death and formulate a legal strategy to get you the settlement you deserve. We work on a contingency basis, so we are paid only if we obtain a settlement or favorable verdict for you. Call us today at 205-322-3663 for a free, no-obligation evaluation of your loved one’s tragic death.
Our wrongful death lawyer takes care of all necessary legal matters, so you can concentrate on your family’s needs and moving forward with your life.
In Alabama law, a “wrongful death” is defined as one caused by the “wrongful act, omission, or negligence” of another. This means that a person or corporation can be held liable and be sued if your loved one’s death was caused by their negligence or fault.
According to Section 6-5-410 of the Code of Alabama, a personal representative of the deceased person’s estate may bring a wrongful death suit against a negligent party in cases where the deceased person could have brought a personal injury claim, had they lived. Personal representatives are most often the surviving spouse, children, or parents of the deceased.
Alabama’s laws regarding wrongful death compensation are different from those of other states that allow compensatory damages to make restitution for funeral or medical expenses and for other damages. Alabama statutes for wrongful death allow for punitive damages only. This is done to …
In a successful lawsuit, our Birmingham wrongful death attorneys can win a punitive damage award that is paid directly to the heirs of the deceased person and is not made part of the estate. As a result, direct family members are most likely to receive the award money.
Alabama wrongful death awards are usually distributed to the heirs based on “intestate succession” rules. This means that usually the surviving spouse and children will share the reward. If the death is of a minor child, the parents will typically share the award equally.
Amounts of compensation awards vary greatly, according to the facts and circumstances of the case, but juries are likely to be sympathetic when a death is involved. The personal injury and trial lawyers at The Wininger Law Firm have won settlements and verdicts in excess of $130 million for our clients.
Be aware that Alabama has a statute of limitation, or time limit, for filing a wrongful death claim. Your case must generally be filed within two years of the date of death or the case will not be heard. There are factors that can change the timing of this clock, so it is important for personal representatives to get legal help as soon as possible.
Time is of the essence with wrongful death cases, so call the team at The Wininger Law Firm today to get started at (205) 322-3663.
To win your wrongful death case, our Birmingham wrongful death attorneys will have to prove that the defendant was at fault and negligent and that this negligence caused the death of your loved one. Legally, this means showing that:
In order to prove negligence, our attorneys would investigate the circumstances of the death and utilize the service of expert witnesses to build your case by:
We have the resources available to obtain the services of accident reconstruction experts, medical and mental health professionals, forensic experts, vocational analysts or other expert witnesses who can provide powerful and persuasive testimony to substantiate your claims for damages at trial.
It is important to contact a Birmingham wrongful death lawyer at The Wininger Law Firm as soon as possible in order to conduct a comprehensive investigation, question witnesses, and preserve evidence in the case. We can also assist in setting up an estate so that the family can commence an action in civil court.
There are many ways that wrongful death can occur through someone’s negligence or fault. Common causes of cases handled by our Birmingham wrongful death attorneys include:
Commercial truck accidents, car accidents, and other vehicle accidents
Vehicle accidents happen most often due to:
Defective product and product liability cases
Product manufacturers and distributors may be held liable if unsafe or defective products caused the death of your loved one.
Construction and workplace accidents
Negligence at a workplace or construction site may be caused by things such as:
When these negligent actions or inactions cause a wrongful death, you can bring a lawsuit.
Medical professionals must adhere to a standard of care and perform at the level of professional responsibility required, or they may be held liable for wrongful death if a patient dies as a result of their neglect. Some causes of medical malpractice wrongful death include:
Owners of Alabama properties must use reasonable care and diligence to keep their premises in a safe condition or to give sufficient warning so that the danger can be avoided. They may be held liable for wrongful death if they fail to do so.
Nursing home abuse or neglect
Nursing homes and staff are responsible for keeping residents safe and may be held liable if someone dies due to nursing home abuse, neglect, or misconduct.
By filing a wrongful death lawsuit, the victim’s survivors can hold accountable the person or corporate entity responsible for the death of their family member. These lawsuits are filed in a civil court and are totally separate from criminal proceedings. Criminal charges are filed by the state of Alabama. Guilty parties in a criminal case may be punished by imprisonment or other penalties, but in wrongful death cases they are punished by having to pay damages.
Even if a defendant was acquitted in criminal court on charges of murder, the family of the victim may still bring a wrongful death action and receive a judgment. This can happen because the degree of proof in a civil wrongful death case is more easily met than in a criminal trial.
Wrongful death laws are complicated in Alabama, and the sooner you contact The Wininger Law Firm, the sooner we can start to investigate and build your case in accordance with the law and its quirks. For example, there are occasions when a personal injury case is filed and the victim later dies. At that point, a separate wrongful death case can also be filed. Because evidence of a deceased’s pain and suffering is generally inadmissible in an Alabama wrongful death lawsuit, when a wrongful death case is filed after a victim has died, the jury will not be allowed to hear about the pain and suffering that occurred prior to the death. This evidence can be heard in cases where a personal injury case can be filed before the death occurred and may result in significant additional compensation. When you work with an experienced team of wrongful death attorneys in Birmingham, you have more opportunity to get all the compensation you deserve for the harm done to your loved one and to you.
Through the decades, the core values and principles of The Wininger Law Firm have not wavered — integrity, a commitment to excellence, and effective legal advocacy for those whose lives have been altered forever because of the wrongdoing and negligence of another.
The earlier a case is filed, the better our chances to build your case and the greater your chance of securing full and fair compensation. Our Birmingham wrongful death attorneys have helped grieving families for over five decades to obtain fair and just results in wrongful death cases in Alabama.
We have a proven record of winning. That’s why you should call on our team to guide you through this difficult time and to get the most compensation possible in your wrongful death claim. You can tend to your grief while we tend to justice. Call us today at 205-322-3663 to arrange for your free and confidential consultation.