Our Montgomery wrongful death lawyer understands the profound grief of losing someone dear due to someone else's negligence. The death of a family member leaves a gap that nothing can fill. At Krebs Law Personal Injury Lawyers, we stand with Montgomery families during these hard times. We fight for justice when a wrongful death action becomes necessary.
We bring years of experience in wrongful death cases to your situation. Our law firm has helped many Alabama families through the legal process after a fatal accident. We know how to seek justice under Alabama law to hold the responsible party accountable.
Our legal team will manage your case, allowing you to concentrate on your recovery. We take on the legal battle when you need support the most.
When a person dies due to someone else's negligence, their family may seek compensation. Wrongful death claims address losses, such as lost income and other economic or punitive damages. These claims help families find justice and financial support after a tragic loss.
Alabama law defines wrongful death as one caused by someone's "wrongful act, omission, or negligence." Under Alabama Code § 6-5-410, these cases focus on punishing wrongdoing rather than merely compensating families for their losses. This makes our state's approach different from most others in the legal system.
Unlike many states, Alabama only allows wrongful death claims, not survival actions. This means you can't seek compensatory damages for the pain your loved one felt before their passing. Instead, Alabama focuses on punitive damages to punish the wrongful conduct that caused the person's death.
Our compassionate attorneys handle wrongful death cases from many causes:
Alabama law is clear about who can file a wrongful death lawsuit. Only the estate's personal representative can act on behalf of the deceased to bring such a claim. This differs from other states where family members can file directly.
If your loved one didn't name a personal representative, the court will need to appoint one. We can help you through this process in probate court. This must happen before you can pursue legal action for wrongful death.
Although only the personal representative can file, any damages recovered are distributed to the surviving family members in accordance with Alabama law. This typically means the spouse and children receive compensation first, followed by parents and siblings.
Alabama handles wrongful death compensation differently than most. Unlike other states, Alabama only allows you to seek punitive damages in these cases. This means the focus is on punishing the wrongdoer rather than covering specific losses, such as medical bills or funeral expenses.
Juries in Montgomery determine award amounts based on several factors. They look at how bad the defendant's conduct was, how wealthy the responsible party is, and what amount would truly serve as punishment. The worse the wrongful act, the higher the damages might be.
The court distributes any damages recovered among the heirs in accordance with Alabama's laws. This happens even if the person has a will, as these damages don't become part of the deceased person's estate.
We fight for maximum compensation in every case. We believe in holding those responsible financially accountable for the tragic loss they've caused.
In Alabama, you must file a wrongful death lawsuit within two years of your loved one's passing. This deadline is firm—missing it typically forfeits your right to legal recourse.
The legal process follows several stages:
Certain factors might change this timeline. If a government entity is involved, you may have as little as six months to file. That's why talking to our Montgomery wrongful death lawyer right away is so important.
Our team is well-versed in Montgomery's court system. We are familiar with local judges and court procedures. This local experience can make a significant difference in how your case moves forward.
We give personal attention to every family we represent. When you call with questions, you'll speak directly with the lawyer handling your case, not an assistant. We believe families deserve this level of care during such hard times.
Our track record with wrongful death cases speaks for itself. We've won substantial settlements for families throughout Alabama. While no amount of money can replace your loved one, these results have helped families find financial stability after tragedy.
Montgomery sees many fatal car crashes each year. Our city's highways create risks that often prove deadly when drivers are careless. According to state data, these crashes cause needless deaths every month.
The factors behind fatal accidents often include:
Our team collaborates with accident experts to establish precisely what happened and who bears responsibility for the crash.
Beyond the driver at fault, other parties may share the blame. Car makers, road maintenance companies, or bars that served alcohol to drunk drivers might be liable. We identify all responsible parties to help you recover compensation.
Fatal medical errors take many forms. Surgical mistakes, medication errors, misdiagnosis, and birth injuries can all lead to wrongful death. Our Montgomery wrongful death attorney has experience with these complex cases.
Medical malpractice cases have special requirements under Alabama law. The Alabama Medical Liability Act sets specific rules for these claims, including expert testimony and special notices. We know these rules completely.
Partnering with medical experts, we ensure records are reviewed and care violations are investigated. These experts help establish the link between the doctor's actions and your loved one's death, which is essential for proving liability.
Montgomery's industrial sectors see too many workplace fatalities each year. Falls, equipment malfunctions, chemical exposures, and vehicle accidents on job sites all claim workers' lives.
Workers' compensation provides some benefits, but these are often not enough for a family that has lost its main earner. We can explain when you can go beyond workers' comp to file a wrongful death lawsuit.
Third-party liability often applies in cases of workplace deaths. The responsibility could lie with equipment manufacturers, subcontractors, or property owners. We also look for safety violations, which can provide strong evidence in your case.
Several key factors affect the value of wrongful death cases in Alabama. Courts look at:
Juries consider the "enormity of the wrong" when deciding damages. This legal standard looks at how shocking the conduct was that caused the death. The more reckless the act, the higher the damages might be.
Every case is unique. We provide specific evaluations during your free initial consultation based on our experience with similar cases in Montgomery courts.
Your case begins with a thorough investigation. We gather evidence, interview witnesses, obtain relevant records, and collaborate with specialists to ensure a comprehensive case review. Once we have gathered the necessary information, we file the lawsuit against the responsible parties.
The discovery phase follows, where both sides exchange information through written questions and sworn testimony. This phase helps reveal the full story. After discovery, we'll either negotiate a settlement or prepare for trial.
We take care of the legal work, so you can focus on what matters most—your family. You’ll stay informed while we manage the legal challenges for you.
Strong evidence makes all the difference in wrongful death cases. We move quickly to preserve crucial evidence, such as accident scenes, vehicle damage, or medical records, before they are altered or destroyed.
Expert witnesses often play a key role in showing how the death occurred and who is responsible. We work with accident experts, medical specialists, and safety experts who can explain complex issues clearly to juries.
The most important element is proving the defendant's fault. We must show not just that they caused the death but that their actions were so wrong that they deserve punishment. This is where our experience makes a real difference.
Defense lawyers use various tactics to fight wrongful death claims. They may blame the victim, claim someone else is responsible, or say the death was unavoidable. We counter these arguments with solid evidence and legal skills.
The emotional toll of a wrongful death case can be heavy. Going through testimony and evidence can reopen wounds for grieving families. Our legal team provides compassionate support throughout this difficult process, balancing legal needs with your emotional well-being.
Beyond the statute of limitations, evidence fades quickly after a fatal accident. Witness memories blur, accident scenes change, and records may be lost. The sooner we can start investigating, the stronger your case will be.
Early legal representation also prevents costly mistakes. Insurance companies often contact families soon after a death, seeking statements or offering quick settlements that don't reflect the true value of the case. Having us by your side from the beginning protects your legal rights during this vulnerable time.
Call Krebs Law Personal Injury Lawyers today for your free case consultation. Our Montgomery wrongful death lawyer is available whenever you need legal support, including evenings and weekends.
You pay nothing unless we win your case. Let our compassionate attorneys help your family through this painful time while fighting for the justice your loved one deserves. The first step toward healing starts with a simple call.
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