WRONGFUL DEATH LAWYER IN ATHENS AL
A wrongful death occurs when someone is killed due to the negligence or intentional act of another person or company. Unlike most states, Alabama awards only punitive damages in wrongful death cases. If your spouse, parent or child has been killed because of someone else’s negligence, you should always consult a wrongful death lawyer. At Ferguson & Ferguson, we offer no obligation, free consultations in all wrongful death cases. We also offer the only lowest fee guarantee in Alabama. If you have lost a loved one in an accident, we are here to help. Call 256-350-7200.
What Is a Wrongful Death Claim?
In Alabama, a wrongful death claim is a civil lawsuit that’s brought when a loved one dies as the result of negligence or a wrongful act of another. Every state has specific laws surrounding who may file a wrongful death claim. In the State of Alabama, a personal representative appointed by the probate court must file the wrongful death case. Normally the person appointed as the personal representative is either the surviving spouse, decedent’s surviving children or anyone who would be entitled to the decedent’s property via intestate succession, such as the decedent’s parents or siblings.
Alabama Wrongful Death Statute
Alabama Code Section § 6-5-410: Wrongful Act, Omission or Negligence Causing Death
(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama, and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or their servants or agents, whereby the death of his testator or intestate was caused, provided the testator or intestate could have commenced an action for such wrongful act, omission, or negligence if it had not caused death.
(b) Such action shall not abate by the death of the defendant, but may be revived against his personal representative and may be maintained though there has not been prosecution, conviction or acquittal of the defendant for the wrongful act, omission, or negligence.
(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.
(d) Such action must be commenced within two years from and after the death of the testator or intestate. It is important to speak to an experienced law firm when it comes to Wrongful Death cases.
Wrongful Death in Alabama
A wrongful death can be the result of any of the following:
- Car accidents;
- Truck crashes;
- Motorcycle accidents;
- Workplace accidents;
- Defective product accidents;
- Bicycle accident;
- Pedestrian accident;
- Medical malpractice;
- Nursing home abuse;
- Criminal acts;
- Exposure to toxic chemicals
- Explosions or fires
- Aviation accident;
- Defective product;
- Defective medical device;
- Bad prescription drug;
- Failure to diagnose an illness;
- Public transportation accidents;
- Drunk driving crashes;
- Slip and falls;
- Premises liability claims;
- Construction site accidents;
- Failure to properly respond to an emergency.
Wrongful Death Attorney in Athens
If you’ve lost a loved one due to someone else’s negligence, our Athens, Alabama wrongful death attorneys are here to help. With our No Fee Guarantee, there are no upfront costs and you’ll never pay us attorney’s fees unless you win or settle your case. Contact Ferguson & Ferguson today for your no obligation, free consultation with an attorney. Our wrongful death attorneys have been helping victims of wrongful death in Limestone County and throughout northern Alabama for more than 25 years. We have handled thousands of personal injury cases, including wrongful death, and have obtained tens of millions of dollars in compensation for our clients. Call 256-534-3435.