Losing a loved one is emotionally devastating. But it can be even more painful if your loved one’s death was caused by someone else’s negligent or wrongful actions. When this is the case, you can hold the at-fault party financially liable for your loss through a wrongful death lawsuit.
Contact Stokes Stemle, LLC, for a free consultation with a wrongful death lawyer in Montgomery, AL. During your initial consultation, our lawyers will review your case, explain your options for seeking compensation, and answer any questions you have. We understand this is a difficult time for you and your family, so you can trust us to handle your case with compassion and care.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil case that can be filed after a negligent or intentional act causes the death of another person. The personal representative of the deceased’s estate files these lawsuits on behalf of their surviving family members. They seek to hold the at-fault party financially liable for the death.
Types of incidents that could lead to a wrongful death lawsuit include:
- Car accidents caused by negligence
- Fatal slip-and-falls on someone else’s property
- Defective products
- Physical assault resulting in death
The best way to file a wrongful death lawsuit after the death of a loved one is to work with a skilled wrongful death attorney who can handle your case while you and your family grieve. Your attorney will use their experience to seek the compensation you deserve for your loss.
Why Choose Our Wrongful Death Attorneys?
At Stokes Stemle, LLC, we’re committed to providing exceptional legal support to all of our clients. When considering how to choose a personal injury lawyer for a wrongful death claim, you should think about the following benefits of working with our firm:
- 24/7 Availability: Our team is available 24 hours a day, seven days a week. Whenever you need us, you can reach out, and we’ll make sure to answer all your questions. We can even meet you at a convenient location if you can’t come to our office.
- Contingency Basis: Our firm works on a contingency basis. That means we don’t get paid unless we win money for you. With this fee structure, you never have to worry about how you’ll pay for your legal support.
- Client-Focused: We put your best interests first and always seek the best outcome for your situation. Our lawyers will aggressively fight on your behalf and demand the maximum compensation.
- Client Satisfaction: We are honored to receive consistent five-star ratings from our clients and are ready to show you why our firm is known for its stellar service and client satisfaction.
Who Can File a Wrongful Death Claim in Alabama?
According to Alabama Code Section 6-5-410(a), the personal representative of the deceased’s estate is the only one who can bring a wrongful death claim. They do so on behalf of the deceased’s surviving family members, and the compensation received through the lawsuit is distributed among the family members based on Alabama’s intestacy laws.
However, Alabama Code Section 6-5-391 offers an exception to this rule by stating that if the deceased is a minor child, their parents or guardians have six months to file a wrongful death lawsuit. After that six-month period, the personal representative is the only one who can file. Under Alabama Code Section 26-1-1, a minor is anyone under the age of 19.
Damages Available in Alabama Wrongful Death Cases
You cannot seek compensatory damages through a wrongful death lawsuit in Alabama. Compensatory damages refer to money for things like medical expenses, lost wages, and pain and suffering. To seek those damages, the estate’s personal representative can file a survival action, which is a separate type of lawsuit.
Instead of compensatory damages, you can only seek punitive damages from wrongful death lawsuits. The circumstances under which punitive damages can be awarded are found in Alabama Code Section 6-11-20. Rather than compensating you for your loss, punitive damages punish the wrongdoer for their actions. The money received through a wrongful death claim goes to the estate, from which it is distributed to the deceased’s heirs.
Statute of Limitations for Wrongful Death Claims in Alabama
The personal representative of the deceased’s estate has two years from the date of death to file the wrongful death lawsuit. Failure to file your lawsuit within this period will result in the courts barring you from seeking punitive damages in court. However, there may be specific exceptions to this deadline, such as if the cause of your loved one’s death wasn’t discovered until a later date.
Steps Families Should Take After a Wrongful Death
After the wrongful death of a loved one, you and your family should take the following steps to benefit your case and your well-being:
- Contact a Lawyer: The best way to make the most of a wrongful death case is to contact a skilled wrongful death lawyer who can handle all aspects of the case on your behalf. This includes investigating the incident, negotiating with insurance companies, and representing your family in court.
- Preserve Evidence: If possible, try to preserve any evidence you have from the incident that caused your loved one’s death. This includes medical records, police reports, and incident scene photographs. If you don’t have any evidence, your lawyer can collect it for you.
- Avoid Speaking to Insurance Companies: If the at-fault party’s insurance company reaches out to you, direct them to your attorney. Don’t speak to the insurance company on your own. Insurance companies are only interested in reducing their liability.
- Focus on Your Family: While your attorney handles your case, you should prioritize your emotional and physical well-being during this difficult time.
Contact Our Montgomery Wrongful Death Lawyers for Help
If your loved one died as a result of someone else’s negligent or intentional actions in Montgomery, Alabama, contact Stokes Stemle, LLC, for a free consultation with an experienced wrongful death lawyer. We’ll review your case, explain your options for seeking compensation for the loss of your loved one, and answer any questions you have about the legal process.
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