It is always profoundly difficult to cope with the loss of a loved one, but seldom do survivors experience greater anguish than in cases where the death was preventable, and was caused by another person's careless actions. While legal action is likely to be one of the last things on your mind during this painful and disorienting time, know that whenever you are ready, the Alabama wrongful death attorneys of the Morrison Law Firm will be standing by to discuss your family's claim or lawsuit against the parties at fault for the death.
At the Morrison Law Firm, we know that few cases are of a more serious or sensitive nature than wrongful death actions. When you have lost a loved one to negligence, you want to ensure that your case will be conducted with the utmost care and professionalism. When you are represented by the Morrison Law Firm, you can feel confident that your case is being handled by an attorney who has earned national recognition for providing successful representation in multiple high-profile wrongful death lawsuits.
Serving the Montgomery area, our accidental death attorneys are available around the clock to discuss your questions confidentially and free of charge. To arrange a free legal consultation with the Morrison Law Firm, contact our law offices at (334) 523-8323.
Under the first section of its wrongful death statute, Alabama Code § 6-5-410(a), Alabama defines a wrongful death as a death which is caused by "the wrongful act, omission, or negligence" of another. The term "act" refers to an action. The term "omission" describes a failure to act when action was required. If a person acts with "negligence," which is a complex but critical concept in personal injury and wrongful death actions, it means that the individual failed to exercise reasonable care considering the circumstances, causing the preventable injury or death of another.
We will draw upon an extensive network of professional and technological resources to thoroughly investigate and analyze the accident scene and chain of events leading up to the fatal injury. Regardless of how complex the details of the case may be, we will work diligently to uncover the truth and hold the negligent party accountable for the suffering your family has endured.
When a plaintiff prevails in a lawsuit, he or she is awarded compensation known as "damages." Most states divide damages into two categories: compensatory damages, which attempt purely to compensate survivors, and punitive damages, which are meant to both act as a deterrent and punish defendants for intentional acts of malice and wrongdoing. Because of this distinction, punitive damages are generally awarded less frequently and under narrower circumstances than compensatory damages.
Alabama is somewhat unique in that compensatory damages are unavailable for members of the decedent's estate, such as surviving spouses and family members, in wrongful death lawsuits. Instead, punitive damages are awarded exclusively. Any punitive damages awarded are distributed among the decedent's heirs.
There are many cases in which going to trial is unnecessary, as negotiations result in a settlement agreement outside of court prior to trial. Our attorneys will work tirelessly to negotiate a favorable settlement, but are prepared to litigate your case aggressively at trial if doing so serves your best interests.
Stated simply, the statute of limitations is the plaintiff's deadline for filing a lawsuit. The statute of limitation varies from state to state, as well as depending on the type of case. The Alabama statute of limitations on wrongful death is two years from the date of the decedent's death, with some exceptions for suing public entities, in which case stricter time limits apply.
While no amount of money can bring a lost life back, damages recovered in a wrongful death settlement or lawsuit can help to alleviate the financial strain brought on by funeral expenses, burial expenses, medical bills, and other losses of support. Even more importantly than pursuing financial compensation, you also have a right to pursue justice.
Take the time you need to grieve and process your loss. Whenever you feel it is the right time to begin pursuing legal action against the party at fault, our attorneys will be here to help you explore your legal options as the surviving spouse, parent, child, or relative of a wrongful death victim in Alabama. To discuss your wrongful death claim in a free and confidential legal consultation, contact the Morrison Law Firm at (334) 523-8323.