Wrongful Death Attorney
Unfortunately, sometimes the negligence or wrongful conduct of a person or company causes not only injury but also death.
The wrongful death attorneys at Jinks, Crow & Dickson have been helping people throughout the states of Alabama, Georgia, and Louisiana who have lost a loved one through the negligence or wrongful conduct of another person or company. Our lawyers have represented clients in successfully seeking recovery for the wrongful death of a loved one. If you have lost a family member or loved one due to the negligence or wrongful conduct of someone else or a company, contact us today to schedule a free and confidential consultation.
Alabama Wrongful Death Law
In Alabama, someone with a relationship to the person killed or who represents that person’s estate can bring an action for the death. Generally, if a lawsuit could have been brought for personal injuries had they not died, then someone can bring a wrongful death lawsuit on behalf of the person killed in Alabama.
The damages awarded in a wrongful death action are different from a personal injury action. Rather than compensating the victim for his injuries, the jury must award an amount necessary to punish the person causing the death. Alabama law recognizes that a loved one can never be replaced nor their loss adequately compensated, but punitive damages can help prevent similar conduct from causing personal injury or death in the future.
Types of Wrongful Death Cases
A wrongful death lawsuit can be filed in almost any situation where a person has died because of the careless or wrongful actions of some other person or entity.
The possible events that could lead to a wrongful death lawsuit include:
Physician or hospital negligence
Any situation where a person has died from other-than-natural causes may potentially give rise to a wrongful death lawsuit.
Because of the nature of the lawsuit, a wrongful death claim can be filed only after a person has actually died. If a personal injury lawsuit has been filed prior to the person’s death, and the person subsequently dies of his injuries, the lawsuit is not dismissed. An attorney can amend the suit to bring a wrongful death claim, regardless of the theory under which the original lawsuit was filed.
Most wrongful death lawsuits must be brought within two years of the decedent’s death. There are exceedingly rare circumstances in which this time limit may be extended, but whether this is possible is a determination that an experienced attorney must make after fully investigating the case.
If you are coping with the death of a loved one, it is important that you speak with a wrongful death attorney as soon as practicable to avoid a potential wrongful death lawsuit being time-barred. We can help you. Reach out to us today for a free consultation.