Losing a family member unexpectedly and suddenly is an unbearable tragedy. However, if you learn their death might have been prevented were it not for another individual’s wrongful, recklessness, or negligent acts, it will be devastating.
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What Wrongful Death Is
This is when death happens because of wantonness, willful misconduct, failure to act, recklessness, or someone else’s negligence. Wrongful death claims can be filed against another person even if they aren’t tried in court.
Civil court and criminal charges have unique requirements for successful cases. But like other personal injury claims, a wrongful death claim doesn’t need a verdict from the jury.
Causes
The Alabama law often defines wrongful death as death that omission, negligence, or wrongful act of another person causes. It is vital to remember that wrongful deaths are not just caused by wrongful acts that someone else committed. They are also caused by forgetting to do something, which might have prevented the loss.
For example, if dog owners fail to control their dogs properly and the bite leads to someone else’s death, failure to prevent the attack can result in wrongful death lawsuits. Other causes may include the following:
- Criminal and intentional acts
- Workplace accidents
- Premises accidents
- Truck accidents
- Bicycle and pedestrian accidents
- Car accidents
- Medical malpractice mistakes
Why File a Claim?
A loved one’s death is a tragic event, irrespective of the situation surrounding the individual’s passing. But if the death is caused by someone’s ill intent, recklessness, or negligence, it would be impossible to bear the grief.
Filing a claim will not bring that person back or make you feel any better, but there are reasons why you need to do so. These reasons include getting justice, fighting for compensation, and providing closure.
What You Can Recover from Filing a Claim
The law in Alabama is unique in a way that it only allows you to recover punitive damages in a wrongful death case. This simply means that compensation won’t be allowed for lost future income, funeral costs, loss of companionship, emotional distress, and medical costs. Because of that, it is imperative to enlist the services of an attorney by visiting mkhlawyers.com/wrongful-death-lawyer/. With a good attorney by your side, you will be able to prove the recklessness or negligence of the third party. Doing so will maximize the compensation amount you receive for the untimely death of your loved one.
Distribution of Compensation
As mentioned, Alabama does things differently, and that includes how the distribution of wrongful death compensation is done.
Many states often use the compensation amount to pay off debts or taxes of the deceased before distributing the remaining assets to the decedents according to the will.
However, in Alabama, the pending bills of a deceased aren’t included, and the whole compensation amount gets distributed to the right parties as indicated by inheritance laws in the state. This applies whether or not the victim had a will. That means close relatives not included in the will can get part of the award or settlement amount.
How an Attorney Can Help
Your family must be your top priority after the wrongful death of a loved one. To achieve that, hire a good wrongful death attorney in Alabama. With a compassionate lawyer by your side during these hard times, you will know the legal options available and deal with insurers.
How to Choose a Good Wrongful Death Lawyer
A wrongful death case is notoriously known for being tough and complicated. This is why you require the necessary resources at your disposal. A great attorney in Alabama can be a good resource you can take to your advantage. However, choosing the best isn’t easy. This is why experts have suggested the following tips to help you make the right decision:
- Research
Researching is among the most important steps to choosing a good wrongful death attorney for the case. You may start by reading online websites and reviews.
Remember also to look for information about the attorney’s background regarding wrongful death cases. This may involve asking your family and friends about the experiences they had with the attorney.
- Look at the Experience
You would want your attorney to be familiar with the ins and outs of relevant wrongful death rulings and statutes in Alabama. You also want to ensure that your lawyer has successfully negotiated settlements on clients’ behalf before.
- Check the Specialty of an Attorney
Ensure you only hire an attorney specializing in a wrongful death case. Always avoid attorneys who promise you too much. Normally, such as attorneys lack the expertise required to deal with legal cases.
The Takeaway
The unexpected loss of a child or spouse is a very devastating event with lifelong repercussions for you as well as your family. Such a loss is normally compounded once you come to realize that your family’s death was avoidable. If this happens to you, consult the best wrongful death lawyer in Alabama to represent you.
