If your family member died from an accident in Morgan County, Alabama, a Decatur wrongful death attorney from Morris Bart will review your case with you for free. Our team could develop a case and pursue compensation for your family based on the state’s wrongful death law.
Morris Bart provides complimentary consultations where an attorney can answer your questions, explain how wrongful death cases work, and discuss how we can help your family win compensation.
Alabama Wrongful Death Claims Offer Only Punitive Damages for Recovery
Under Alabama’s Wrongful Death Act (Ala. Code § 6-5-410), the state’s courts can only award punitive damages in wrongful death suits. This condition is unusual because:
- Most states allow families to recover their expenses and losses
- Punitive damages are often banned in personal injury cases
- Families could be left paying funeral expenses and covering lost income themselves
Courts award punitive damages to:
- Penalize the negligent party or parties for their careless or reckless behavior
- Deter others from causing injuries in the same way
No Compensable Damages Offered
Those pursuing wrongful death damages must understand the value of their case is not based on actual damages. Instead, the value of the award depends on the defendant’s wrongdoing.
This makes it especially important to understand the accident and the negligence that caused it. For example, if a drunk driver ran a red light, your claim might be worth more than if they were sober.
For a free legal consultation with a Wrongful Death lawyer serving Decatur, call (800) 537-8185
How Morris Bart Can Help with Your Family’s Claim
Our team of attorneys knows how difficult it can be to think about a legal claim while mourning your loved one. However, we also know how much it might help your family to get justice for your loved one and not worry about finances during this challenging time. Therefore, we are here to handle the claim so you can focus on what’s most important.
Morris Bart’s team of attorneys has over 40 years of experience winning settlements and verdicts for our clients. In 2019, we recovered compensation in 6,500 cases.
Morris Bart is a contingency-fee personal injury firm. We do not ask for any upfront payment and only charge attorney’s fees if we recover compensation for our clients. A wrongful death lawyer from our Huntsville office will review your case for free.
Who Can File a Wrongful Death Case in Decatur?
Morris Bart helps families who lost loved ones due to negligent acts in these situations:
- Car accidents
- Truck collisions
- Boat crashes
- Premises liability accidents
- Medical malpractice
- Nursing home abuse
- Dangerous drugs
- Product liability
Alabama law requires these claims to be filed by a victim’s personal representative. This representative could be the executor of their will or a recognized heir – often the surviving spouse, children, or parent.
However, under some circumstances, the law allows another party to pursue damages in this type of claim. For example, if there is neither a named executor nor a surviving spouse, child, or parent, the personal representative could be:
- Another next of kin who will share in the estate
- The largest creditor of the estate
- Another party appointed during the probate process
While some states only distribute compensation from a wrongful death claim to the closest immediate family, in a Decatur wrongful death case, all legal heirs to the estate will share the proceeds.
Click to contact our Decatur Personal Injury Attorneys today
What do I Have to Prove to Recover an Award in a Wrongful Death Claim?
In general, you can pursue a wrongful death claim in any case that your loved one could have recovered personal injury damages. However, there must be evidence to show that another party acted negligently and caused injuries to occur. Building a wrongful death case requires a similar finding.
To prove your wrongful death allegations and recover compensation, you must prove:
- The liable party was negligent, intentional, careless, or reckless in their actions
- Their wrongful action caused your loved one’s injuries and subsequent death
- Your family suffered financial and emotional harm because of the loss of your loved one
When our attorneys handle one of these cases, we file a claim and demand just compensation from the insurance company that represents the negligent party. Because Alabama only allows punitive damages in these cases, families often must go to court to decide the award.
What Morris Bart Will Do for You
Preparing a case for trial and navigating the legal process can be stressful, challenging, and time-consuming. Our lawyers take these steps to manage this process and present the strongest case possible on behalf of your family:
- Preparing all necessary paperwork and filing documents
- Handling pre-trial motions, discovery, and other court processes
- Managing all communication with the other involved parties
- Protecting your family’s rights
- Meeting all statutory deadlines
- Ensuring you know what to expect during this process
- Representing your family’s best interests
You generally only have two years to file a lawsuit based on your loved one’s wrongful death per the Alabama Wrongful Death Act. However, the clock begins ticking the day your family member passes away from their injuries.
Speak With An Attorney From Morris Bart About Your Case
You can discuss your loved one’s accident, injuries, and death with a lawyer from Morris Bart for free. We provide complimentary case reviews to help families understand their legal options after a wrongful death. In addition, our Huntsville office offers consultation appointments.
Call (800) 537-8185 today to schedule your appointment with one of our lawyers.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.
