WRONGFUL DEATH LAWYER IN DECATUR AL
Ferguson & Ferguson
Attorneys at Law
A wrongful death claim in Alabama is a civil lawsuit that is filed on behalf of the estate of a person who died as a result of someone else’s negligence, wantonness or willful misconduct. When one person causes the death of another person, whether by accident or intentionally, the surviving family members of the deceased may pursue a wrongful death claim. If you or someone close to you has recently been a victim of a wrongful death in Decatur, Alabama, we are here to help. Our attorneys have been helping clients with wrongful death cases in Decatur and throughout northern Alabama for over 25 years. Call 256-350-7200. 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 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.
A wrongful death can be the result of any of the following in Alabama:
- Car accidents;
- Truck crashes;
- Motorcycle accidents;
- Workplace accidents;
- Defective product accidents;
- Bicycle accident;
- Pedestrian accident;
- Defective medical device;
- Bad prescription drug;
- Failure to diagnose an illness;
- Public transportation accidents;
- Drunk driving crashes;
- Slip and falls;
- Medical malpractice;
- Nursing home abuse;
- Criminal acts;
- Exposure to toxic chemicals
- Explosions or fires
- Aviation accident;
- Defective product;
- Premises liability claims;
- Construction site accidents;
- Failure to properly respond to an emergency.
Who Can File a Wrongful Death Lawsuit in Alabama?
Alabama limits the ability to file a wrongful death claim to the personal representative of the deceased person’s estate. Usually, the personal representative is the deceased person’s surviving spouse or the deceased person’s surviving children and grandchildren. In the event that there is no surviving person who falls into any of these categories (sometimes referred to as the “line of descent”), a wrongful death lawsuit may be filed by someone who would be entitled under Alabama law to inherit the deceased person’s property. This may include the deceased person’s parents or siblings, depending on who is alive at the time of the deceased person’s passing.
What Our Wrongful Death Lawyers Can Do To Help
If you have lost a loved one in an accident, our Decatur attorneys can do the following:
- Prepare your probate paperwork to have you appointed as the administrator of the estate.
- Assist you in getting a bond.
- Evaluate your case.
- Identify all parties responsible for the wrongful death.
- Walk you through your role as the administrator of the deceased’s estate.
- File and handle all insurance related paperwork in order to recover the maximum amount possible.
- File any and all court papers including filing the lawsuit, depositions, discovery, motions and trial.
- Try your case to a jury verdict if necessary.
How Our Decatur AL Wrongful Death Attorneys Can Help
If you lost a family member as a result of another person’s negligence, you may be entitled to compensation. Our Decatur wrongful death attorneys can help you identify your options and provide you with a free confidential case evaluation. And 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. Call 256-350-7200 today to obtain a free no obligation consultation.