Licensed attorney since 2007. Licensed to practice law in Alabama, Mississippi, Georgia, and Washington D.C.
Wrongful Death
Birmingham Wrongful Death Lawyers
Wrongful Death Attorneys In Alabama
Fighting for Justice Across Alabama & Georgia
If you have lost a loved one in an accident that was not their fault, you may be feeling overwhelmed and uncertain about what to do next. You need someone on your side who understands what you are going through and can help you get the compensation you deserve. Bodewell Legal Group, Birmingham’s wrongful death lawyer, specializes in personal injury wrongful death claims.
We provide compassionate legal representation to families who have lost a loved one due to another person’s negligence. We will fight for your rights and make sure that the responsible party is held accountable for their actions. Our experienced team of lawyers will guide you through every step of the legal process, ensuring that you have the best chance of success.
Contact us today to schedule a free consultation. We will review your case and answer any questions you may have. Let us help you get the justice your loved one deserves. Our Birmingham’s wrongful death lawyers have been handling cases like yours for years – we know what it takes to win. Let us put our experience to work for you so you can get the justice your loved one deserves.
What Is Wrongful Death?
Wrongful death is defined as a death that occurs due to the negligence or recklessness of another person. If your loved one died in an accident that was caused by someone else’s careless actions, you may be able to file a wrongful death claim. A successful claim can result in compensation for medical expenses, funeral costs, lost income, pain and suffering, and other damages caused by the incident. It can also hold the responsible party accountable for their actions and help prevent similar accidents from happening in the future.
What Are The Elements Of A Wrongful Death Lawsuit?
There are four (4) elements that must be present in order for a wrongful death suit to be successful.
1. Negligence
The first element is negligence.
Negligence is defined as:
“A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
When a fatal accident is caused by the careless or reckless actions of another party, that party is considered negligent. In order to prove negligence, you will need to show that the other party owed your loved one a duty of care and that their negligent actions resulted in a breach of that duty. For example, all drivers have a duty to operate their vehicles in a safe and responsible manner. If a driver causes an accident by speeding or driving under the influence of alcohol, due to his negligence, he may be held liable for any resulting deaths.
2. Breach of duty
The second element is a breach of duty. This means that the other party failed to meet the standard of care that they owed your loved one. For example, if a doctor failed to diagnose your loved one’s cancer, they may have breached the duty of care that they owed to your loved one. To prove this element, you will need to show that the other party did not act as a reasonably prudent person would have acted under similar circumstances. In other words, you will need to show that the other party’s actions (or lack thereof) were unreasonable. This can be difficult to do without the help of an experienced lawyer. We will investigate the circumstances of your loved one’s death and gather evidence to support your claim.
3. Causation
The third component of a wrongful death claim is establishing causation. Your Alabama wrongful death attorney will need to show that your loved one’s death was caused by the defendant’s negligence. This can be done through eyewitness testimony, medical records, and expert testimony. It is important to note that even if the other party was negligent, you will not be able to recover damages unless you can prove that their negligence was the cause of your loved one’s death. For example, if your loved one died in a car accident, you will need to show that the other driver’s negligence was the cause of the accident. If there were several factors that contributed to the accident, such as bad weather, you may still be able to recover punitive damages if you can prove that the other driver’s negligence was a significant contributing factor.
4. Damages
The fourth and final element of a wrongful death claim is damage. This means that you will need to show that you have suffered some type of loss as a result of your loved one’s death.
Compensable damages in a wrongful death claim can include:
- Medical expenses
- Funeral and burial expenses
- Lost income and benefits
- Pain and suffering
- Loss of companionship
- Loss of parental guidance (for minor children)
- Other economic and non-economic costs
An experienced wrongful death lawyer will help you determine what damages you are entitled to and will fight for the full compensation that you deserve.
What Constitutes Wrongful Death In Birmingham?
There are many different circumstances that can lead to wrongful death. In general, any death that is caused by the negligence or recklessness of another person can be considered wrongful death.
Some common examples of Birmingham’s wrongful deaths include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Slip and fall accidents
- Other personal injury accidents
It is critical to contact an experienced wrongful death lawyer as soon as possible if you have lost a loved one in any sort of accident. An attorney can help you to determine whether you have a wrongful death claim and, if you do have a claim, help you initiate the process of filing a lawsuit to seek compensation for the damages that you and your family incurred as a result of your loss.
Bringing A Wrongful Death Claim
The personal representative of your relative’s estate may file a wrongful death claim when there is proof that another person is responsible for your loved one’s death. Wrongful death lawsuits cannot be filed by any family member. The person making the claim must be elected the personal representative of the deceased’s estate. A personal representative may be a deceased family member, but they will file the claim on behalf of the estate in their professional capacity. It is important to note that there are strict deadlines for filing a wrongful death lawsuit. These time limitations are called “statute of limitations”. If you miss the deadline, you may be barred from recovering damages, no matter how strong your case may be. An experienced lawyer can help you navigate the complex legal process and ensure that your claim is filed on time. You should not have to worry about the legalities of your claim while you are grieving the loss of your loved one. By hiring a Birmingham wrongful death attorney, you can pass the burden of legal action to your lawyer so that you can focus on grievance and emotional recovery.
Proving Wrongful Death Claims
You may believe that you have a strong case for wrongful death. However, proving a wrongful death claim might be difficult. Because the most directly affected person is not able to testify, you must rely on factual evidence to make your case.
You must rely on other proof, such as:
- Police reports
- Business records
- Medical records
- Witness testimony
- Photos and video
- Expert testimony
- Family member testimony
In addition, the things you must demonstrate differ depending on your claim’s basis.
If your claim is based on allegations of negligence, you must show:
- The defendant had a duty to care for your loved one.
- The defendant breached that duty.
- That breach was the cause of your loved one’s death.
- You suffered damages as a result of your loved one’s death.
If you’re claiming wrongful death cases due to the at-fault person’s negligence, your case may require different evidence and a different legal argument. For instance, in a car accident case, you might need to prove that the other driver was speeding or running a red light. A wrongful death lawyer can assist you in gathering and submitting the evidence necessary to establish your case.
How Our Birmingham Wrongful Death Attorneys Can Assist You
If you have lost a loved one in an accident, you might be feeling overwhelmed and alone. You are probably struggling to cope with your grief while also dealing with the practicalities of death, such as funeral arrangements and financial problems. The experienced Birmingham wrongful death lawyers at our firm can help shoulder some of that burden for you. We will handle all aspects of your claim so that you can focus on your grieving process.
In addition, we will:
- Conduct a thorough investigation of the accident
- Gather evidence to support your claim
- Handle all correspondence and paperwork
- Navigate the complex legal process for you
- Fight for the full compensation that you deserve
You should not have to worry about the legalities of your claim while you are grieving. Let us handle the details while you focus on taking care of yourself and your family.
Contact A Birmingham Wrongful Death Lawyer Today
If you have lost a loved one in an accident, we understand how difficult this time might be for you. Our Birmingham wrongful death lawyers are here to help. We will fight for the compensation that you and your family deserve. Call us today to schedule a free consultation with one of our experienced Birmingham wrongful death lawyers. We will review your case and answer any questions you might have about the legal process. You should not have to go through this difficult time alone – let us help you. We are here to help you through this difficult time.
Contact a qualified Birmingham wrongful death attorney today at Bodewell Injury Group for help!
Frequently Asked Questions
What can you recover in a wrongful death claim?
The damages that you may be entitled to recover in a wrongful death claim will depend on the unique facts and circumstances of your wrongful death case.
Generally, you may be able to recover damages for:
- Funeral and burial expenses
- Medical bills
- Loss of earnings and benefits
- Loss of companionship
- Pain and suffering
What is the statute of limitations for filing a wrongful death claim in Birmingham, Alabama?
A wrongful death suit generally must be filed within two years of your loved one’s passing.
However, the statute of limitations differs case by case, so it is best to speak with a Birmingham wrongful death attorney about your filing deadline as soon as possible.
It takes time to investigate a potential wrongful death claim, and waiting months or over a year to speak with an attorney could cause issues for you and your family.
Waiting too long could also lead to important evidence being lost and people’s memories of the event deteriorating.
How much does it cost to hire a Birmingham wrongful death lawyer?
At our firm, we work on a contingency fee basis.
This means that you will not owe us any attorney’s fees unless we recover compensation for your claim.
The amount of our fee will be a percentage of the total settlement or verdict that we recover for you.