MONTGOMERY WRONGFUL DEATH LAWYER

Losing someone unexpectedly is devastating. When that loss is caused by another person’s or company’s carelessness, recklessness, or wrongful conduct, state law may allow surviving family members to seek accountability and financial recovery.

In general, a wrongful death occurs when a person dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by state-specific laws that outline how they are handled.

A wrongful death claim allows eligible family members to pursue compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death case, an attorney typically must show:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who may file the claim and how any compensation is distributed will depend on the laws that apply to the case.

Wrongful death claims can stem from a wide range of preventable incidents. Although every case is unique, certain types of fatal accidents tend to occur more frequently in communities like Montgomery.

Some of the most common causes include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice in hospitals or surgical settings
• Construction site and other workplace accidents
• Drownings in private or public pools
• Premises liability incidents at businesses or residential properties
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries caused by violent or criminal acts

Any of these circumstances may give rise to a civil wrongful death claim, which is separate from any criminal charges that might also be pursued.

If you believe a wrongful death has occurred, taking prompt steps can help protect your rights and preserve important evidence. The following actions can help you begin building a strong case:

Obtain a Death Certificate

The official death certificate documents the cause of death and may play an important role in supporting your claim.

Gather Evidence

Collect medical records, accident reports, photographs, witness statements, and any other relevant documentation. If the incident occurred in a workplace or medical setting, try to obtain records related to procedures, treatments, or potential safety violations.

Contact Morgan & Morgan

A wrongful death attorney can review the details of your situation, help identify potential liability, and explain what legal options may be available.

Avoid Speaking With Insurance Companies Alone

Insurance companies may try to limit their financial exposure. It’s generally best to consult with an attorney before providing statements or accepting any offers.

Determine Who Can File a Claim

Eligibility to file a wrongful death lawsuit is determined by state law. In many cases, the claim may be brought by certain surviving family members or by the personal representative of the deceased person’s estate on their behalf. Who qualifies, such as a spouse, children, parents, or other dependents, depends on Alabama law.

Be Aware of the Statute of Limitations

Alabama has strict deadlines for filing wrongful death claims. Missing the statute of limitations may prevent you from pursuing legal action.

Consider the Financial and Emotional Impact

Wrongful death claims may address losses such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can help evaluate the full scope of damages that may apply under Alabama law.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was there negligence or misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a direct link between the responsible party’s actions (or failure to act) and the death. For example, if a doctor misdiagnosed a treatable illness and the patient died as a result, that could establish a valid claim.

Do you have legal standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and eligibility depends on state law. In most states, the claim may be brought either by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of those beneficiaries.

Those who may qualify can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the specific laws of the state.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

Alabama law requires that a wrongful death lawsuit be filed only by the personal representative of the deceased person’s estate. Surviving family members, such as a spouse, children, or parents, do not file the claim directly.

The personal representative brings the claim on behalf of the estate, but any damages recovered are distributed to the deceased person’s heirs according to Alabama law.

If a personal representative has not yet been appointed, probate proceedings may be necessary to designate someone to act on behalf of the estate and pursue the claim.

Alabama law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit (civil case) and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Civil case: Filed by eligible family members or the estate to seek financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The goal is monetary recovery, not punishment.
• Criminal case: Prosecuted by the government to address violations of criminal law. The goal is punishment, which may include imprisonment, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must prove liability by a preponderance of the evidence (meaning it is more likely than not).
• Criminal case: The prosecution must prove guilt beyond a reasonable doubt, a much higher standard.

Who Brings the Case

• Civil case: Filed by surviving family members or the estate, depending on state law.
• Criminal case: Filed by government prosecutors.

Possible Outcomes

• Civil case: May result in a financial award for the family.
• Criminal case: May result in criminal penalties, such as incarceration or fines.

Can both happen at the same time?

Yes. A civil wrongful death claim can proceed independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies due to another party’s negligence, but they serve different purposes.

A wrongful death claim focuses on the losses suffered by surviving family members. It allows them to seek compensation for damages such as funeral and burial expenses, loss of financial support, and loss of companionship or services, depending on state law. The emphasis is on how the death has affected the surviving beneficiaries.

A survival action, on the other hand, is brought on behalf of the deceased person’s estate. It seeks damages the individual could have recovered if they had survived, such as medical expenses, lost income, and other losses incurred between the time of injury and death. Instead of compensating the family’s loss, it continues the claim the deceased would have had.

The key difference lies in timing and purpose. Wrongful death claims address the impact of the loss on surviving family members, while survival actions address the harm the deceased experienced before passing. In some cases, both claims may be pursued together, depending on state law.

In a wrongful death case, compensation, often referred to as damages, is meant to address the losses resulting from a person’s death. The types of damages available will depend on Alabama law and the specific circumstances of the case. Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (when allowed by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In cases involving especially reckless or intentional conduct, additional damages may also be available under applicable law.

Because wrongful death laws can vary and each case is unique, an attorney can help evaluate your situation and determine what types of compensation may apply.

Proving liability in a wrongful death case involves showing that another party’s actions, or failure to act, caused the death. While the process can be complex, most cases focus on establishing negligence, recklessness, or intentional misconduct.

In many cases, this means demonstrating that the defendant failed to exercise reasonable care. To do so, the following elements are typically required:

• Duty of care: The defendant had a legal obligation to act with reasonable care (for example, drivers must operate vehicles safely, and medical providers must deliver competent care).
• Breach of duty: The defendant failed to meet that standard.
• Causation: That failure was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

In some situations, liability may be based on reckless or intentional conduct rather than negligence. In those cases, it must still be shown that the conduct directly led to the death.

Building a case often involves gathering evidence such as medical records, witness statements, expert analysis, accident reports, and photographs or video footage.

Defendants may claim that the deceased was partially responsible for the incident. Depending on state law, this could reduce or limit the amount of recovery. Strong evidence and effective legal representation are important to respond to these arguments.

Wrongful death cases often involve complex facts, multiple parties, and significant financial stakes. Working with an experienced attorney can help ensure the evidence is thoroughly developed and effectively presented.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to offer specialized insight that supports the plaintiff’s position or challenges the defendant’s claims. Expert witnesses are typically professionals in fields relevant to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By sharing their professional opinions, these witnesses help the jury better understand complex issues and make more informed decisions.

Yes, insurance can play a significant role in wrongful death claims. In many cases, the defendant (the person or entity responsible for the death) may have insurance coverage that could help compensate the surviving family members for their loss.

Here’s how insurance may be involved:

• Defendant's insurance coverage: If the defendant is insured (for example, in a car accident or workplace accident), their insurance policy may cover damages awarded in a wrongful death case. The insurance company will typically handle the defense and may offer a settlement to avoid going to trial. This can help survivors recover financial compensation more quickly.
• Life insurance: If the deceased had a life insurance policy, the beneficiaries (such as the spouse, children, or other dependents) may be able to claim the death benefits. This is separate from a wrongful death lawsuit, but it can provide additional financial support.
• Employer’s insurance: If the wrongful death resulted from a work-related incident, the employer’s workers’ compensation insurance may cover certain expenses, though it generally does not include non-economic damages like pain and suffering. In some situations, a separate claim may be brought against a third party if their negligence contributed to the death.
• Settlements: Often, insurance companies prefer to settle cases before going to trial to avoid the cost and risk of a lengthy legal battle. In wrongful death cases, insurance companies may offer a settlement to the family to compensate for medical bills, funeral expenses, and lost income.

Insurance plays a key role in providing compensation for wrongful death claims, whether through the defendant’s liability insurance, life insurance, or workers' compensation coverage. However, insurance coverage does not always cover all types of damages, and the amount of compensation available will depend on the specifics of the case.

You should also note that insurance companies typically fight aggressively, and legal representation levels the playing field.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

Alabama’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Insurance companies often aim to reduce their payouts. They may offer a low settlement or dispute liability altogether. An attorney can negotiate on your behalf and help ensure your claim is properly valued.

If a settlement cannot be reached, the case may proceed to trial. This process involves filing legal documents, presenting evidence, and making arguments in court. An experienced attorney at Morgan & Morgan can manage these steps and advocate for your rights throughout the process.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in Alabama and understand the local courts, judges, and insurance practices. Our firm has recovered billions for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Montgomery team today for a free case evaluation to learn more about your legal options.