BEST WRONGFUL DEATH LAWYER IN BIRMINGHAM, AL

If you have lost someone you love in an accident, you should consult with an experienced Birmingham wrongful death attorney. At Ferguson & Ferguson, our wrongful death attorneys know that there is nothing we can do to make the pain go away, and nothing you wouldn’t give to have your loved one back. However, we can do everything possible to take care of your financial future. Our goal is to help you protect your legal rights and get full and fair compensation for your loved one’s death so you can move on with your life. We’ve been protecting the financial future of wrongful death victims in Birmingham for over 25 years by fighting for maximum compensation in every case. If we take your case, we will work for free unless we win. We offer no obligation, and free consultations on all wrongful death cases. We also offer the lowest fee guarantee in Alabama. Call 256-534-3435 now. We can help.

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 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./i>

Types of Alabama Wrongful Death Cases

We handle wrongful death cases involving the following:

• Admiralty and maritime accidents
• Pedestrian accidents
• Bicycle/Cycling accidents
• Aviation accidents
• Motorcycle accidents
• Auto accidents, including head-on collisions, rear-end accidents, SUV rollovers, and intersection crashes
• Bus crashes
• Defective products or devices
• Environmental pollution
• Fires and explosions
• Food poisoning
• Medical malpractice
• Pharmaceutical malpractice
• Dangerous drugs
• Oil refinery and pipeline explosions
• Nursing home negligence
• Swimming pool accidents
• Truck accidents
• Workplace injuries, including construction accidents and electrical accidents
• Oil and gas accidents
• Train accidents

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<h2 id=”birmingham-wrongful-death-faq-heading”>Birmingham Wrongful Death Lawyer FAQs</h2>

<h3>What is wrongful death under Alabama law?</h3>
<p>A wrongful death may occur when a person dies because of another person’s or entity’s wrongful act, omission, or negligence. Alabama’s general wrongful-death statute is found at Alabama Code Section 6-5-410.</p>

<h3>Who can file a Birmingham wrongful-death lawsuit?</h3>
<p>With limited exceptions involving a deceased minor, an Alabama wrongful-death action must be filed by the legally appointed personal representative of the deceased person’s estate. A family relationship alone does not authorize someone to file the lawsuit.</p>

<h3>Where is an estate opened for a Birmingham wrongful-death claim?</h3>
<p>When the deceased person resided in Jefferson County, the probate proceeding is generally opened through the Jefferson County Probate Court. Jurisdiction can depend on residence, property, and other circumstances, so the proper court should be confirmed before filing.</p>

<h3>Does an estate have to be opened before filing the lawsuit?</h3>
<p>A probate estate generally must be opened so that a personal representative can be legally appointed before the Alabama wrongful-death action is filed. Filing before a valid appointment can create serious legal problems.</p>

<h3>How long do I have to file an Alabama wrongful-death claim?</h3>
<p>Alabama’s general wrongful-death statute ordinarily requires the action to be commenced within two years after the death. Special statutes, defendants, medical-malpractice rules, governmental claims, and other circumstances may affect the analysis. Obtain legal advice immediately rather than waiting.</p>

<h3>What damages are recoverable in an Alabama wrongful-death case?</h3>
<p>Alabama’s general wrongful-death remedy is punitive. The damages are intended to punish the defendant and deter similar conduct rather than compensate the family for a calculated amount of financial loss.</p>

<h3>Can an Alabama wrongful-death claim recover medical bills or lost income?</h3>
<p>Alabama’s general wrongful-death claim does not award compensatory damages for medical bills, lost earnings, funeral costs, grief, or loss of companionship. Separate survival, contract, insurance, workers’ compensation, or other claims may require a different analysis.</p>

<h3>How are punitive damages determined in an Alabama wrongful-death case?</h3>
<p>The value of Alabama wrongful-death damages focuses on the wrongfulness of the defendant’s conduct and the need to punish and deter that conduct. It is not calculated by placing a monetary value on the deceased person’s life or the family’s economic loss.</p>

<h3>Who receives the proceeds of an Alabama wrongful-death recovery?</h3>
<p>Alabama wrongful-death proceeds are generally distributed to the deceased person’s heirs according to Alabama’s statute of distributions rather than under the terms of the deceased person’s will. The identity and shares of the heirs depend on the family circumstances.</p>

<h3>Can wrongful-death proceeds pay the deceased person’s debts?</h3>
<p>Damages recovered under Alabama’s general wrongful-death statute generally are not subject to payment of the deceased person’s debts or liabilities. Other estate assets and different claims may be treated differently.</p>

<h3>What must be proven in a wrongful-death case based on negligence?</h3>
<p>The personal representative generally must establish that the defendant owed a legal duty, breached that duty, and proximately caused the death. The precise elements depend on the underlying legal theory.</p>

<h3>What types of Birmingham accidents can support a wrongful-death claim?</h3>
<p>Potential claims may arise from car, truck, motorcycle, pedestrian, bicycle, workplace, construction, defective-product, nursing-home, medical-malpractice, premises, fire, toxic-exposure, aviation, public-transportation, and other fatal incidents.</p>

<h3>Can a wrongful-death lawsuit proceed without criminal charges?</h3>
<p>Yes. A civil wrongful-death case can proceed even when no criminal charge is filed. The civil claim is separate from a criminal prosecution and uses different procedures and burdens of proof.</p>

<h3>Can a wrongful-death lawsuit proceed after a criminal acquittal?</h3>
<p>A criminal acquittal does not automatically prevent a civil wrongful-death action. Criminal and civil cases use different burdens of proof, parties, procedures, and remedies.</p>

<h3>What if several parties contributed to the death?</h3>
<p>A wrongful-death investigation should identify every potentially responsible person or entity. Defendants may include motorists, employers, vehicle owners, contractors, property owners, manufacturers, healthcare providers, businesses, or governmental entities.</p>

<h3>What evidence should be preserved after a fatal accident?</h3>
<p>Important evidence may include photographs, videos, vehicles, defective products, electronic data, surveillance footage, witness information, crash or incident reports, medical records, autopsy materials, employment records, maintenance documents, and insurance information.</p>

<h3>How are expert witnesses used in a wrongful-death case?</h3>
<p>Depending on the claim, attorneys may use accident-reconstruction experts, engineers, medical professionals, product specialists, toxicologists, fire investigators, or other qualified witnesses to explain causation and the defendant’s conduct.</p>

<h3>Can a fatal workplace accident create more than one claim?</h3>
<p>A work-related death may create a workers’ compensation death-benefit claim and, when an outside party contributed to the death, a separate third-party claim. These claims provide different remedies and may involve reimbursement or subrogation issues.</p>

<h3>Can uninsured-motorist coverage apply to a fatal Birmingham crash?</h3>
<p>Uninsured or underinsured motorist coverage may apply when a fatal motor vehicle collision was caused by a driver with no insurance or insufficient liability coverage. All potentially applicable policies should be identified and reviewed promptly.</p>

<h3>Should the family speak with the insurance company?</h3>
<p>Use caution before providing recorded statements, signing releases, transferring evidence, or accepting payment. Consider obtaining legal advice before making substantive statements or signing documents.</p>

<h3>How long does a Birmingham wrongful-death case take?</h3>
<p>The timeline depends on the probate appointment, investigation, number of defendants, insurance coverage, expert analysis, negotiations, court schedule, and whether the case proceeds to trial.</p>

<h3>Will a Birmingham wrongful-death case go to trial?</h3>
<p>Some cases settle, while others proceed to trial because liability, causation, insurance coverage, or the appropriate punitive award is disputed. The personal representative decides whether to accept a settlement after receiving legal advice.</p>

<h3>How are Birmingham wrongful-death lawyers paid?</h3>
<p>Accepted wrongful-death cases are generally handled under a written contingency-fee agreement. The attorney fee is collected from a recovery rather than charged as an upfront hourly fee. The agreement explains the fee, litigation expenses, and responsibility for costs.</p>

<h3>Does Ferguson &amp; Ferguson have an office in Birmingham?</h3>
<p>The firm serves Birmingham and Jefferson County but does not list a physical Birmingham office. Its verified offices are in Huntsville and Decatur, Alabama.</p>

<h3>How much does a Birmingham wrongful-death consultation cost?</h3>
<p>Ferguson &amp; Ferguson offers free, no-obligation consultations to families who want to discuss a potential Birmingham or Jefferson County wrongful-death claim.</p>

<h3>How do I contact Ferguson &amp; Ferguson about a Birmingham wrongful-death case?</h3>
<p>Call Ferguson &amp; Ferguson Attorneys at Law at <a href=”tel:+12565343435″>256-534-3435</a> or submit the firm’s online contact form to request a free consultation about a Birmingham or Jefferson County wrongful-death claim.</p>

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Why Hire Ferguson & Ferguson

If you have lost a loved one in an accident that was caused by another party, you may be able to bring a wrongful death claim against that individual or company. Give us a call at (800) 752-1998 or fill out our free initial consultation form and tell us what happened. The initial consultation is always free, and you don’t pay a dime unless we make a recovery on your behalf. Call us now at 256-350-7200.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601