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Losing a loved one suddenly is hard, especially when someone else caused their death. A Mobile wrongful death lawyer helps families seek justice after such losses. These cases are complex and require knowledge of Alabama's specific laws.
Local representation matters when dealing with wrongful death in Alabama. A Mobile wrongful death attorney understands the local court systems and how judges typically rule in these cases. They can guide you through each step of the legal process while you focus on healing.
At Krebs Personal Injury Lawyers, we help families navigate the difficult journey after losing a loved one. The information below explains wrongful death claims in Alabama and how legal help might benefit your family during this challenging time.
Alabama law defines wrongful death as a death caused by someone else's wrongful act, neglect, or carelessness. The Code of Alabama §6-5-410 states that only the personal representative of the deceased's estate can file this type of lawsuit. This law is different from many other states because it focuses on punishing the wrongdoer rather than compensating the family.
Punitive damages in Alabama are the only type available in wrongful death cases. This means the money awarded is meant to punish the person who caused the death and prevent similar behavior in the future.
Alabama law has clear rules about who can file a wrongful death claim in Mobile.
Estate Representative Only: For adult deaths, only the personal representative of the deceased's estate can file the lawsuit. This person is named in the will or appointed by the probate court if there was no will.
Parents in Minor Death Cases: When a child dies, the parents have the first right to file a claim. In cases involving the death of a minor, either parent may have the opportunity to file a wrongful death claim, with priority typically given based on custody arrangements and timing of legal action.
Contributory Negligence Barrier: Alabama follows driver negligence law. Because of Alabama's contributory negligence rule, even a small amount of fault on the part of the deceased could prevent the family from recovering damages.
Probate Court's Role: When multiple heirs exist, the probate court determines who gets what share of any money awarded. The court follows Alabama's intestate succession laws to divide the damages equally among legal heirs.
No Direct Claims by Family Members: Unlike some states, Alabama doesn't allow spouses, children, or parents to file wrongful death claims directly unless they are the appointed representative of the estate.
Alabama handles wrongful death damages differently than most other states. Instead of compensating families for their losses, Alabama law focuses only on punitive damages, which aim to punish the wrongdoer. This means the money awarded isn't based on medical bills, lost income, or emotional suffering, but rather on how bad the at-fault party's actions were.
Neighboring states like Florida allow families to recover both compensatory damages and punitive damages, often resulting in larger settlements. A wrongful death attorney in Alabama must understand this unique approach to build a strong case that emphasizes the defendant's wrongful conduct. The goal is to show how the defendant's actions deserve punishment, rather than proving how much the family has lost financially or emotionally.
In Alabama, families have just two years from the date of death to file a wrongful death lawsuit. This time limit is set by law and is strictly enforced in courts across the state. The clock starts ticking on the day your loved one passes away, not when you discover someone else might be responsible.
Missed deadlines mean lost rights - If you file after the two-year mark, the court will almost certainly dismiss your case, no matter how strong your evidence or how clear the other party's fault.
Few exceptions exist - Alabama rarely extends this deadline, even in special circumstances. Unlike some states, discovering new information later or being a minor heir typically won't pause the time limit.
Early case evaluation matters - The investigation process takes time, especially gathering medical records, accident reports, and witness statements. Starting the legal process months before the deadline gives your attorney room to build a stronger case.
A Mobile wrongful death attorney works as your guide through Alabama's complex legal system. They handle the paperwork, talk to witnesses, and gather the proof needed to show someone else caused your loved one's death. Local attorneys understand Mobile's courts and know how local judges typically rule in these cases.
Your lawyer becomes your voice when dealing with insurance companies and in the courtroom. They explain your rights in simple terms and answer your questions about the legal process. This lets you focus on healing while they focus on the legal work.
A wrongful death attorney collects all the facts about how your loved one died. They get police reports, talk to people who saw what happened, and review medical records including autopsy results. Your lawyer may also work with experts who can explain complicated medical issues or accident details to a judge or jury.
Your attorney handles all talks with insurance companies so you don't have to. They know the tactics insurance companies use to pay less money and can push back against unfair offers. When the other side's lawyers make arguments, your attorney presents evidence showing why your family deserves fair treatment.
If your case goes to trial, your lawyer prepares all the legal documents and questions for witnesses. They file motions to protect your rights and make sure harmful or incorrect information stays out of court. During the trial, your attorney presents your case to the jury, questions witnesses, and makes arguments about why the person who caused your loved one's death should be held responsible.
Here are answers to common questions families ask about wrongful death cases in Mobile, Alabama.
Wrongful death cases in Alabama can be challenging because of the pure contributory negligence rule. If the deceased person was even slightly at fault, recovery may be denied completely. The focus on punitive damages also means you must prove the defendant's actions were particularly wrongful or negligent, not just careless.
Alabama law does not set a maximum dollar amount for wrongful death lawsuits. The amount depends on how bad the defendant's actions were, not on the family's financial losses. Juries decide the amount based on the wrongfulness of the conduct that caused the death and what they believe would properly punish the wrongdoer.
While legally possible, handling a wrongful death case alone is very difficult. The legal rules in Alabama are complex and different from other states. Insurance companies and defendants typically have experienced lawyers who know how to use Alabama's contributory negligence rule and other defenses to avoid paying claims.
Important evidence includes police reports, accident scene photos, and medical records including the autopsy report. Witness statements from people who saw what happened are very valuable. Expert testimony may also help explain how the death occurred and why the defendant's actions were wrong. Phone records, security camera footage, and maintenance logs can also be crucial depending on the case type.
Talking with a lawyer soon after losing a family member can make the legal process easier for you. The team at Krebs Personal Injury Lawyers offers free consultations to discuss your situation and explain your options. You can schedule this meeting by visiting our contact page or calling our office directly.
Starting the legal process early gives your attorney more time to gather evidence and build a strong case. The two-year time limit for filing wrongful death claims in Alabama begins on the date of death, and preparing a thorough case takes time. Our Mobile team is ready to answer your questions and help you understand what to expect 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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