AthensWrongful Death Lawyer

Losing a loved one as the result of an accident can be devastating. The extreme grief your family is feeling may be compounded by the loss of your loves one’s income and support. The estate is permitted to file a wrongful death lawsuit to hold a negligent defendant liable for actions that led to the death of your loved one. An experienced Athens wrongful death lawyer can help you seek justice for the loss of your loved one. En español

Incidents That Could Lead to an Untimely Death

Any situation could potentially result in the death of a loved one. Certain possible scenarios are more likely than others to lead to death when the defendant’s negligence is the cause. Depending on the case, this could result in financial liability on the part of the defendant.

Some of the common incidents that can cause a fatal accident include:

• Medical Malpractice: Incidents of medical malpractice can lead to the death of a loved one. A botched surgery, missed diagnosis, or other faulty medical treatment could lead to a person’s untimely death.
• Motor Vehicle Collisions: Motorcycle, car, and truck accidents have a high rate of death compared to many other situations. A careless and negligent driver may be the cause of the accident that led to the loved one’s passing. A wrongful death lawsuit may hold them responsible.
• Products Liability: When a defective product is the cause of the decedent’s death, the manufacturer of that product may be financially liable for their passing. These complicated cases care best handled with the help of experienced legal counsel.

The families left behind after a death often suffer financial and emotional hardship because of the defendant’s negligent acts. The defendant should be held accountable for these acts through a wrongful death lawsuit.

Who is Allowed to File a Wrongful Death Lawsuit?

Alabama Code Section 6-5-410 permits only the personal representative of the decedent’s estate to bring the action to recover damages. The personal representative is either a named representative in the person’s will, or a person appointed by law to oversee the decedent’s estate. This is different than most other states, which typically permit other family members to file a wrongful death lawsuit as well.

When damages are recovered in a wrongful death lawsuit, they pass outside the estate, to the heirs at law. Typically, a surviving spouse and children will recover in this type of action, but other family members may as well, depending on the decedent’s familial situation.

What Types of Damages Are Available?

While most states permit the recovery of many kinds of damages, including compensatory damages, Alabama specifically limits wrongful death to punitive damages. These damages are meant to punish the wrongdoing of the defendant. a skilled lawyer can help a plaintiff understand the potential recoveries that may be available.