Huntsville Wrongful Death Lawyers

Pursuing a Wrongful Death Claim in Huntsville

If you lost a loved one due to another person’s negligence or misconduct, you have several options moving forward. Depending on the situation, you may be able to obtain an insurance settlement or compensation through a lawsuit. Alabama laws determine who may file a lawsuit, where, and the compensation they can obtain. However, the rules are different when going through the insurance claim process. The intricacies of wrongful death lawsuits do not necessarily apply to an insurance claim and settlement.

You need an experienced attorney who is prepared to help you through the insurance claim process and, if necessary, a wrongful death lawsuit. When it comes to an insurance settlement, it is important to learn the value of your claim.

We have years of experience handling wrongful death claims and can help you fully understand the potential value of your situation. If you are unable to reach a fair insurance settlement, our Huntsville wrongful death lawyers can advise you on the benefits and disadvantages of pursuing a wrongful death lawsuit.

Who May Bring a Wrongful Death Lawsuit?

Alabama Code § 6-5-410 states the personal representative of a deceased person’s estate may commence a wrongful death case within two years of the date of the decedent’s death. This means the personal representative, whoever is appointed by the decedent’s will or the court, is responsible for pursuing a wrongful death claim. As a family member, you may have a great deal of say in whether a wrongful death claim is filed or not. However, you cannot file the action yourself.

We can help you understand Alabama wrongful death claims and whether one may be right for your family. Call us today to learn more about starting this type of claim.

Common Examples of Wrongful Death Cases

We have experience getting results for the families of loved ones in wrongful death cases. Some common instances that could lead to a wrongful death claim include:

• Workplace accidents (such as on construction sites)
• Medical malpractice
• Motor vehicle accidents
• Defective products
• Pedestrian accidents

Liability in a Wrongful Death Claim

A few elements of a wrongful death claim must be proven to establish the other party’s negligence. If you and your family decide to move forward with a wrongful death claim, you must provide evidence of:

• The other party’s duty of care toward your loved one. Every person owes a duty to all other persons to use reasonable care to avoid causing injury to them or their property. For instance, all drivers must follow traffic laws and maintain a certain standard of care while behind the wheel.

• The other party failed to uphold the duty of care. You will need to show how the other party’s actions – or inactions – were negligent compared to what they should have been to uphold their duty of care.
• The other party’s actions caused your loved one’s death. You must have evidence that the other party’s failure to uphold their duty of care led to your loved one’s death.

A Wrongful Death Claim Is a Civil Action

A wrongful death claim is a civil matter, not criminal. It is not limited to situations in which your loved one’s death resulted from a crime. A wrongful death claim may be brought whether the other person’s negligence or misconduct led to criminal charges or a conviction. It may be brought even if criminal charges never occur, and if the other person was exonerated in a criminal court for their conduct. Just because the other individual’s actions did not amount to homicide does not mean they are not civilly liable for causing your family member’s death.

Compensation in a Huntsville Wrongful Death Case

Most states allow the personal representative to seek certain special and general damages, similar to a personal injury case. Those are more broadly known as compensatory damages because they are meant to compensate you and your other family members who have been injured. However, Alabama law is different; it only allows you to seek punitive damages during a wrongful death claim. These are intended to punish the wrongdoer.

The value of your claim depends on many factors. At Belt, Bruner & Barnett, P.C., our Huntsville wrongful death lawyers have a proven track record of success in obtaining large wrongful death awards. While your case may not call for such a high settlement or jury award, we will always strive to obtain the maximum compensation available to you and your family.

Who May Recover Wrongful Death Damages

If the personal representative of your loved one’s estate acquires punitive damages through a wrongful death claim, then this compensation goes directly to the deceased person’s heirs. If you are unsure whether you may obtain a portion of the compensation, call Belt, Bruner & Barnett, P.C. today. In most cases, the surviving spouse and children receive compensation. However, depending on who survived the decedent, other relatives may receive some of the settlement or award.

Our Wrongful Death Lawyers Can Get Justice for Your Loved Ones

After the sudden death of a loved one, you probably have many questions. We want to help you find answers. We can neither bring your family member back nor ease the burden of your grief. However, we can hold the other party accountable, and we will fight to obtain the compensation you need to maintain your family’s finances and move forward.

The Huntsville wrongful death lawyers of Belt, Bruner & Barnett, P.C. want to protect your rights under the law. Contact us at (205) 933-1500 to schedule a free, confidential consultation today.