The loss of a family member is always a challenging experience, especially if someone else’s negligence caused the death. Financial setbacks like reduced income or services can also multiply the grief associated with this loss. Fortunately, a personal injury attorney could help a family take legal action if the death of a loved one was unjust. For instance, a wrongful death lawsuit could hold a negligent person responsible for the harm they caused and provide a family with reimbursement for their suffering.
If your family lost a loved one unexpectedly due to the reckless actions of another individual, a Montgomery wrongful death lawyer could outline your legal options for pursuing punitive damages. En Español
Common Causes of Wrongful Deaths
There are many ways that a defendant’s negligence could result in a wrongful death. A fatal accident could occur without warning in many different environments.
A defective product could severely injure a person and result in a fatality. For instance, a malfunctioning power tool or piece of heavy machinery could cause a wrongful death. If this happens, a decedent’s family could pursue legal action.
Negligent care by a medical professional could also result in an untimely death. A mistake during an operation, for example, could turn fatal. In these situations, someone could file both a medical malpractice lawsuit and a wrongful death claim.
Motor Vehicle Accidents
A truck, automobile, or motorcycle collision could also result in an unfortunate fatality. Motor vehicles are heavy and sometimes do not offer sufficient protection in the event of an impact. If another driver’s negligence caused a wrongful death, they might be held personally and financially responsible for the accident.
A compassionate attorney in Montgomery could help a family pinpoint the exact cause of their loss and help them file a wrongful death claim.
Who Can File a Wrongful Death Claim?
Not everyone can legally submit a wrongful death lawsuit. Alabama Code Section 6-5-410, for example, states that only the personal representative of the decedent’s estate can file a claim and collect economic damages. The decedent’s will typically lists this individual, but a court might appoint a different individual to oversee an estate in some situations. A well-practiced lawyer in Montgomery understands who can file a wrongful death lawsuit and could help a plaintiff establish their eligibility.
Damages Available in Montgomery Legal Actions
State laws establish that a wrongful death lawsuit only entitles the family of a decedent to collect punitive damages. These repayments intend to punish the negligent party for their careless or malicious conduct. For example, punitive damages would apply in a situation where a drunk driver killed an innocent person.
A family could earn additional compensation through other types of lawsuits. A persistent lawyer in Montgomery could assess the situation to determine if a decedent’s relatives can take further legal action against the negligent party.
Contact a Montgomery Wrongful Death Attorney Today
Losing a loved one unexpectedly should never happen to anyone’s family. If the carelessness of another individual caused a decedent’s passing, a family should protect their rights by filing a lawsuit. An experienced Montgomery wrongful death lawyer could assess the specifics of a needless fatality and help a family seek punitive damages for their suffering. If you hope to pursue one of these claims, you should reach out to the office today to learn more about your options.