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Losing a loved one because of someone else's actions is painful. A Huntsville wrongful death lawyer can help you seek justice for your family member. The legal process might seem scary during this hard time.
The death of a family member brings grief and many questions. You may wonder if someone is legally responsible for what happened. You might also worry about medical bills and funeral costs.
At Krebs Personal Injury Lawyers, we understand what families go through after a tragic loss. We guide you through the legal steps with care and respect. Our team works to help you get answers and fair treatment.
In Alabama, wrongful death happens when someone dies because of another person's wrongful act, neglect, or carelessness. The Alabama wrongful death statute is different from most states because it only allows for punitive damages, and a Tuscaloosa Wrongful Death Lawyer can explain how this unique law affects your claim. These damages are meant to punish the person who caused the death rather than to pay for losses.
Huntsville courts handle these cases based on Title 6 of the Alabama Code. The wrongful death lawsuit in Alabama must be filed within two years of the death. Understanding how punitive damages work in Madison County courts is important for your case.
In Alabama, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. This person is officially appointed by the probate court and acts on behalf of the estate. The personal representative might be a family member, but they must have this legal title to bring the claim forward.
Any money awarded in the case goes to the heirs of the deceased, not to the estate itself. The heirs receive damages according to Alabama's intestacy laws, which determine who inherits when someone dies without a will. This means the money bypasses the estate and can't be taken by creditors.
Alabama handles wrongful death cases differently than most other states. In Alabama, families can only receive punitive damages, not compensatory damages. Punitive damages are meant to punish the person or company that caused the death, not to pay for losses.
The amount depends on how bad the wrongdoing was, not on the family's financial losses. These damages send a message that society values human life and will not tolerate dangerous behavior.
Starting a wrongful death claim involves several important steps that help build a strong case.
The first step is talking with a wrongful death attorney about what happened to your loved one. During this meeting, you can share details about the death, ask questions, and learn if you have a valid claim. The lawyer will explain how Alabama's wrongful death laws apply to your situation.
After hiring a lawyer, they begin collecting evidence to support your case. This includes getting accident reports, medical records, witness statements, and sometimes expert opinions about what caused the death. The investigation helps prove someone else was responsible for your family member's death.
Once the personal representative is appointed by the probate court, they can file the actual lawsuit paperwork. The complaint document explains who is being sued, what they did wrong, and what kind of justice the family seeks. This paperwork must be filed within two years of the death date according to Alabama law.
After filing, the other side might offer money to settle the case without going to court. Insurance companies often start with low offers hoping families will accept quickly. Your attorney handles these talks, working to get fair compensation that reflects the seriousness of what happened.
If a fair settlement isn't reached, the case moves forward to trial in a Huntsville courtroom. Both sides present evidence and arguments to a judge or jury. The court then decides if the defendant is responsible and how much they should pay in punitive damages to the family.
Families pursuing wrongful death claims in Huntsville can face several pitfalls that might harm their case.
Once this deadline passes, the right to seek justice is usually lost forever.
Accepting low insurance offers without legal counsel. Insurance companies often contact families quickly with settlement offers that seem helpful but may be far less than what the case deserves. These early offers rarely account for the full impact of the loss.
Failure to preserve evidence. Witness contact information, photos of accident scenes, and other evidence can disappear over time. Writing down names and phone numbers of people who saw what happened helps build a stronger case later.
Not seeking medical or official records promptly. Medical records, autopsy reports, and police reports contain important details about what caused the death. These documents can be harder to get as time passes.
Overlooking the possibility of multiple negligent parties. More than one person or company might be responsible for your loved one's death. Looking at all possible causes helps identify everyone who should be held accountable.
Discussing the case on social media. Posts about the accident or legal proceedings can be used against your family in court. Even private messages might be requested during the legal process.
Appointing the wrong personal representative. The person appointed to represent the estate must be reliable and able to handle court appearances and paperwork. Choosing someone who cannot fulfill these duties can delay the entire case.
Families often have questions about wrongful death cases in Huntsville.
You can name multiple parties in a wrongful death lawsuit if they all played a part in causing the death. For example, in a car accident, both a driver and a car manufacturer might be responsible. Each defendant's level of blame is determined separately. This approach can be helpful when one defendant might not have enough insurance or assets to cover the damages.
Most wrongful death attorneys in Huntsville work on a contingency fee basis. This means you pay nothing upfront for legal services. The lawyer receives a percentage of the money awarded if they win your case. If there is no recovery, you typically owe no attorney fees. This arrangement makes legal help available to families regardless of their financial situation.
Yes, wrongful death cases can be resolved through mediation instead of a trial. Mediation involves a neutral third party who helps both sides reach an agreement. Many Madison County courts encourage mediation before trial. This process is often faster and less stressful than going to court. The mediator cannot force a settlement, so you keep control over whether to accept any offer.
Alabama follows a "contributory negligence" rule, which is stricter than most states. If your loved one was even slightly at fault for the accident that caused their death, recovery might be barred. For example, if they were 1% responsible, this could prevent any recovery under Alabama law. This makes having skilled legal representation especially important to address and counter any claims that the deceased person contributed to the accident.
Families going through the pain of losing a loved one deserve caring legal help. Our Huntsville wrongful death lawyers at Krebs Personal Injury Lawyers understand the Alabama wrongful death statute and how it affects your family's rights. You can talk with us about your situation in a free, private meeting where we listen to your concerns and explain your options.
Our team works closely with each family to handle the legal matters while you focus on healing. We take time to learn about your loved one and what happened so we can tell their story properly in court. Contact us today to speak with a lawyer who puts your family's needs first during this difficult time.
J.R. is dedicated to providing personalized representation, avoiding a one-size-fits-all approach. He tailors his strategy to the unique challenges and needs of each client and case, ensuring focused and individualized attention.
His practice mainly covers Plaintiff’s Personal Injury, including car and 18-wheeler accidents, slips and falls, dog bites, defective products, and wrongful death. He also handles commercial disputes on contingency, with experience in contracts, construction, and probate. For any dispute headed toward litigation, J.R. develops an aggressive strategy to maximize your recovery through negotiation, arbitration, or trial.
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