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Wrongful death is defined as a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or was not attempted.

Wrongful death is heartbreaking for the people that have been left behind. Often, it seems as if the circumstances surrounding the death could have been avoided and that the death was unnecessary. It is this type of frustration that makes the loss of the loved one even more painful.   

Unfortunately, there is nothing you can do to get a loved one back after they have passed, but the right lawyer can help you get the compensation and closure you need. The Stevenson Klotz team has years of experience in wrongful death law and they will see to it that justice is served.

Bring it to Us,

We'll Bring it to Them.

When you bring a case to Stevenson Klotz Injury Lawyers, we'll get to work immediately investigating and fighting the insurance company to ensure you are compensated for your injuries.

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What is a Wrongful Death? 

Wrongful deaths apply to deaths that occur that would have resulted in a personal injury case if the person had lived. For instance, if a car accident occurs, a victim can file a personal injury case. If the victim dies in the accident, it becomes a wrongful death.

Wrongful death cases do not require establishing criminal liability. Rather it is a civil liability that is questioned.

For example, if a doctor is accused of medical malpractice that ends up killing a patient, his actions would not be considered criminal. However, he will have violated his civil duty to properly care for that patient.

Examples of Wrongful Death

Here are examples of some of the most common types of wrongful death that occur.

  • Murder and Manslaughter: These are the results of a physical attack that causes a person to lose their lives.
  • Medical Malpractice: Medical malpractice occurs when a doctor performs an unnecessary or unethical surgery or procedure resulting in the patient’s death.
  • Negligent Actions: Negligent actions are a broad term. They can refer to a car accident where a driver did not follow the rules of the road causing a fatal accident. They can also refer to a property owner whose neglect to maintain their property resulted in an accident that caused a wrongful death.
  • Defective Products: It is up to a manufacturer to distribute safe products. Any dangers should be revealed on warning labels. If a manufacturer fails to alert consumers of dangers or releases dangerous products that result in someone losing their life, they may be responsible for wrongful death.  

Wrongful Death in Alabama

According to Alabama code section 6-5-410, any person or corporation can be liable for the death of another person caused by any ‘wrongful act, omission or negligence”.

It further goes on to say that not anyone in the deceased’s family can initiate a wrongful death claim. Rather, the person to initiate the claim must be named as a personal representative of the state.

The personal representative is often named in the deceased’s will. If a will doesn’t exist, the court can name someone as a personal representative.

Damages for a Wrongful Death Claim

Alabama laws are a bit different than other states in terms of damages provided for wrongful death. In most states, plaintiffs can go after the defendant for compensatory damages for the loss of the deceased. However, in the state of Alabama, only punitive damages are provided.

Punitive damages are put in place to punish the person who committed the crime and deter them from engaging in similar actions in the future. These damages are paid to heirs of the deceased and they are not made a part of the estate.

Alabama Wrongful Death Statute of Limitations

It also is important to note that Alabama imposes a statute of limitations on wrongful death cases. For the most part, this is two years, however, if the claim is being filed against the state or county, it may be less than two years.

Furthermore, in most instances, pain and suffering damages will not be considered in a wrongful death claim. If the claim is made while the victim is still alive, pain and suffering are admissible, even if the victim dies after the claim is filed. In all other cases, the mental effects of death will not be considered in the hearing.

Bring it to Us,

We'll Bring it to Them.

When you bring a case to Stevenson Klotz Injury Lawyers, we'll get to work immediately investigating and fighting the insurance company to ensure you are compensated for your injuries.

Call 850-444-0000
Free Case Evaluation

Finding the Right Lawyer for Your Wrongful Death Claim

If you lost a loved one due to wrongful death, you need a reliable Mobile personal injury lawyer on your side. If you are looking for representation in the Mobile, AL area, Stevenson Klotz is highly recommended.

Stevenson Klotz is Mobile, AL lawyers who have years of experience with personal injury and wrongful death cases. They strive to provide their clients with the best service possible working to simplify the legal process. Their deep level of care and compassion is matched with their aggressive tactics that ensure winning results.

Wrongful death is devastating and nothing can bring a loved one back. But fighting for justice, closure and compensation will be a major step forward in the healing process. Call Stevenson Klotz to get the justice you deserve.

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