Birmingham Wrongful Death Lawyer

Under Alabama law, wrongful death occurs when a life is lost because of another party’s negligence, recklessness, or intentional misconduct. Common scenarios include:

• Fatal car, truck, or motorcycle crashes caused by negligent drivers
• Medical malpractice, including surgical errors or failure to diagnose
• Nursing home neglect and abuse
• Workplace accidents in construction, trucking, or industrial settings
• Defective or dangerous consumer products
• Criminal acts such as drunk or reckless driving

No matter the cause, the central factor is that the death could have been avoided had proper care or precautions been taken. While compensation can never replace your loved one, a wrongful death lawsuit may provide accountability and a measure of justice.

Unlike other states, Alabama law requires that wrongful death lawsuits be filed by the deceased’s personal representative (usually named in a will or appointed by the probate court). This representative acts on behalf of the surviving family members.

Family members who ultimately benefit from the lawsuit may include:

• The surviving spouse
• Children of the deceased
• Parents (if no spouse or children survive)

If there is no will, Alabama’s intestacy laws determine how damages are distributed. An attorney can guide families through this process to ensure claims are filed correctly and within deadlines.

Alabama’s wrongful death system is unlike that of any other state. Instead of awarding compensatory damages for things like lost wages or medical bills, the state only allows punitive damages to be awarded. These are designed not to compensate the family directly but to punish the defendant and deter similar misconduct in the future.

This makes proving negligence and demonstrating the defendant’s wrongdoing absolutely critical. At Morgan & Morgan, our Birmingham wrongful death lawyers know how to present compelling evidence and secure maximum punitive damages on behalf of grieving families.

Since Alabama focuses on punitive damages in wrongful death cases, awards are not calculated based on financial loss to survivors. Instead, they are intended to penalize the negligent party.

However, families may still find relief through related claims. For instance, if a loved one survived for a time before passing, separate “survival actions” or insurance claims may help cover medical costs or funeral expenses. Your attorney can explain all potential avenues for recovery.

Alabama law imposes strict time limits on filing a wrongful death claim. While deadlines vary by circumstance, waiting too long can bar your right to seek justice. That’s why it’s essential to contact a lawyer as soon as possible. Acting quickly preserves evidence, secures witness statements, and ensures your case progresses within the legal timeframe.

Proving negligence is essential in a wrongful death case. To succeed, attorneys must show:

• Duty of Care: The defendant owed the deceased a legal duty to act with reasonable care and diligence.
• Breach of Duty: That duty was breached through negligent, reckless, or intentional conduct.
• Causation: The breach directly caused the death.
• Damages: The wrongful death resulted in harm that justifies punitive damages under Alabama law.

This often involves gathering extensive evidence, including accident reports, medical records, witness testimony, and expert opinions.

It’s important to distinguish between civil wrongful death lawsuits and criminal homicide cases. A criminal case is brought by the state and can result in jail time or fines. A wrongful death lawsuit, however, is filed by the deceased’s personal representative and seeks monetary damages in civil court. Both cases can proceed simultaneously, but neither replaces the other.

In Birmingham and across Alabama, frequent causes of wrongful death include:

• Auto accidents on I-65, I-20, or local roadways
• Industrial and construction site accidents tied to Birmingham’s manufacturing sector
• Fatal medical malpractice, such as anesthesia errors or misdiagnosis
• Negligence in nursing homes and assisted living facilities
• Defective products ranging from faulty medical devices to unsafe consumer goods

No matter the cause, the devastation is the same: families are left to grieve and struggle with life after a preventable loss.

Because only a personal representative can file a wrongful death lawsuit in Alabama, families must often work through probate court to have one appointed. This representative carries the legal responsibility of filing, but the ultimate recovery goes to the heirs. Our attorneys guide families through this process from start to finish.

There’s no one-size-fits-all timeline. Some cases may be resolved within months if liability is clear and settlement negotiations are successful. Others can take years if the case goes to trial. Factors include the complexity of evidence, the number of defendants, and whether the defense fights liability. Throughout the process, our team keeps families informed and prepared for each step of the way.

Yes. If nursing home negligence or abuse leads to a resident’s death, the facility can be held liable in a wrongful death claim. Examples include untreated infections, malnutrition, falls, or neglect. These cases often require expert medical testimony to link the negligence to the death.

Building a strong case requires comprehensive evidence, such as:

• Police or accident reports
• Medical records and autopsy results
• Witness statements
• Expert testimony from doctors, accident reconstructionists, or industry specialists
• Documentation of safety violations or corporate negligence

Our Birmingham team has the resources to gather and present this evidence effectively in court.

Yes, but distribution follows Alabama’s intestacy laws. For example, if there is a surviving spouse and children, damages are divided between them. If there are no spouses or children, parents may be the beneficiaries. If no immediate family survives, damages may pass to other heirs under Alabama law.

At Morgan & Morgan, we know Alabama’s wrongful death laws inside and out. With more than $25 billion recovered for clients nationwide, we possess the resources, reputation, and results to hold negligent corporations, hospitals, and insurance companies accountable.

• Trial-Ready Team: Our lawyers are never afraid to take a case to court.
• Resources to Win: We leverage investigators, medical experts, and accident reconstructionists to build strong cases.
• No Upfront Fees: The Fee Is Free™—you don’t pay unless we win.

If you’ve lost a loved one in Birmingham due to someone else’s negligence, don’t face this painful journey alone. Contact us today for a free case review and let us fight for the justice your family deserves.