When it comes to losing a loved one, there’s no shortage of advice. So much so, that many mistakenly think that they are able to deal with the situation constructively. Sadly, when grief hits home, and you’ve lost a loved one to wrongful death, everything that you know and use to overcome your pain, can be mistaken. A Montgomery wrongful death lawyer with The Vance Law Firm can help you through the legal process while you focus on recovery during this time.
It’s not a great secret that the loss of life can be a devastating event for anyone. But, this is especially true when it comes to wrongful death. An experienced wrongful death lawyer from The Vance Law Firm has the experience to aid you through this difficult and challenging time in your life. They can help you to seek justice.
Our personal injury attorneys in Montgomery are committed to giving our clients only the best possible services. Our goal is to show you our dedication and sincerity. Give us a call at The Vance Law Firm today and set up your free consultation.
Understanding Wrongful Death Claims in Alabama
In the state of Alabama, a wrongful death action can be filed if the person passes away within the state. If this happens in another state, then the claim will have to be filed there. According to Alabama’s statutes, the wrongful death action may only be brought about by the administrator of the deceased’s estate. In the settlement of the estate, many find that there are family conflicts in regard to the distribution of the assets of the estate. Such battles can lead to difficulties in the settlement of such estates. There is a two-year statute of limitations that must be kept in mind in regard to the settlement. If the wrongful death claim is against a specific city or a county, the time frame is even shorter.
The state of Alabama only allows for punitive damages in wrongful death actions. Such damages aren’t awarded to compensate the plaintiffs but rather to punish the defendants for such egregious actions and deter others from such actions. The final sum of the damages will be dependent upon the particular case and actions that led up to the wrongful death or how abhorrent the actions were that led to the death of the person.
Why Should I Hire A Wrongful Death Attorney?
At The Vance Law Firm, we’ve seen firsthand how challenging it is for a family to manage a wrongful death claim in the midst of coping with the loss of their loved one. We give you the support that you need and the legal representation that is required to ensure that you can deal with the situation. We’re experienced at handling wrongful death claims and lawsuits throughout the state of Alabama and we’ve helped hundreds successfully deal with such situations and get the justice that they so deserve.
What Is Wrongful Death?
A wrongful death case exists in the state of Alabama when someone’s death is caused by a wrongful act, an omission, or the negligence of another and the person who died could have filed a claim for personal injury had they not passed away.
The definition of negligence is a failure to exercise a proper degree of care in regard to a particular situation and this can lead to the crux of the wrongful death lawsuit. You’ll have to prove that your loved one’s death wouldn’t have happened had the defendant acted differently.
Common Causes of Wrongful Death in Montgomery
Wrongful death cases in the Montgomery area occur in many settings, and they’re often tied to preventable safety failures, reckless driving, or negligent conduct. These incidents impact families across the River Region and frequently involve the following causes:
Auto and Truck Crashes
High-traffic corridors such as Interstate 65, U.S. 231, Eastern Boulevard, and U.S. 80 experience frequent severe collisions. Many of Montgomery’s fatal crashes happen on these routes because of high speeds, congestion, or impaired driving.
A recent example involved a fatal rear-end collision on northbound I-65 just south of Montgomery. According to WSFA 12 News, one driver died when both vehicles veered off the roadway and caught fire following the impact. This type of tragedy shows how quickly a routine drive can turn deadly when another driver fails to act responsibly.
The Vance Law Firm investigates these incidents by reviewing crash reports, vehicle data, commercial carrier compliance, roadway conditions, and driver actions to determine the cause of a wrongful death.
Workplace and Industrial Incidents
Montgomery County’s industrial and manufacturing worksites include construction zones, distribution centers, automotive facilities, and manufacturing plants. Fatal incidents may occur when employers fail to follow safety procedures, neglect equipment maintenance, or expose workers to unnecessary hazards.
Our team gathers OSHA records, safety audits, employee training files, and equipment maintenance logs to determine how preventable safety errors contributed to a worker’s death.
Medical Malpractice
Hospitals and medical facilities in the Montgomery area treat thousands of patients each year. When medical professionals fail to meet the accepted standard of care, outcomes can become life-threatening. Wrongful death claims involving medical malpractice may arise from surgical mistakes, medication errors, misdiagnoses, or delays in treatment.
These cases require a detailed review of patient charts, hospital protocols, and input from independent medical experts. The Vance Law Firm coordinates these resources to help families understand how a preventable medical error may have led to the loss of a loved one.
Defective Products and Nursing Home Neglect
Wrongful death may occur when consumer products, automotive components, prescription drugs, or safety devices fail. In nursing homes, inadequate staffing, neglect, poor supervision, and failure to meet care standards can lead to fatal injuries or complications.
These cases often involve multiple responsible parties, including product manufacturers, distributors, or facility operators. Our attorneys help identify each negligent actor and build a case that reflects the true scope of the failure.
Violent Acts
Fatal incidents may also result from criminal acts or violent conduct. In some situations, property owners or businesses may be liable for failing to provide adequate security or proper supervision. Our team examines whether third parties contributed to the conditions that enabled the incident and whether additional safety measures could have prevented the loss.
Who Can File A Wrongful Death Claim in Alabama?
In the state of Alabama, only the party that maintains the rights to the estate can bring forth a wrongful death action. Thus, the person that is named as representative to the estate as named in the deceased person’s will. If no one is named, the courts may assign a representative.
While it’s this person that has the right to file, the damages may be awarded to everyone that is named as beneficiary.
How a Wrongful Death Case Works in Alabama
Wrongful death cases follow a structured process that helps families understand what to expect while we handle the legal complexities.
Step 1 — Consultation and Initial Investigation
We begin by meeting with the family to understand what happened and identify immediate sources of evidence. This may include medical records, police reports, witness interviews, scene photographs, and available video footage. Early investigation is critical because key evidence can become harder to obtain over time.
Step 2 — Evidence Collection and Expert Analysis
Our firm works with specialists, including accident reconstruction experts, medical professionals, and industry engineers. These experts help explain how the incident occurred and whether someone violated safety rules or professional standards. Their analysis often strengthens the foundation of a wrongful death case.
Step 3 — Filing the Wrongful Death Claim
Under Alabama law, the personal representative of the estate must file the lawsuit. We prepare all required documentation, meet statutory deadlines, and ensure the case is filed in the correct court. This step formally commences the legal process and imposes on the defendant the responsibility to answer the claim.
Step 4 — Negotiation With Insurers or Defendants
Many wrongful death cases involve insurance companies that attempt to minimize liability. We negotiate directly with the defense to seek a fair outcome. Our attorneys present the full impact of the loss by showing the seriousness of the defendant’s actions and the harm caused to the family.
Step 5 — Litigation and Trial
If settlement discussions do not lead to a resolution, we move forward with litigation. This includes depositions, expert testimony, motions, and courtroom presentations. The Vance Law Firm prepares each case as if it will go to trial, which allows us to advocate effectively on behalf of our clients in Montgomery County courts.
What Is Alabama’s Wrongful Death Statute Of Limitations?
It may be very challenging to consider anything other than grief when losing someone, however, wrongful death statutes of limitations must be filed in a timely manner to be valid. There’s not a lot of time for this action.
In the state of Alabama, this statute of limitations is usually two years from the date of the wrongful death. It’s important to note, if the claim is against the government, the claim must be filed within six months of the wrongful death. To ensure that your rights are fully protected and you’re not missing any important deadlines you’ll want to call The Vance Law Firm and get started on your claim immediately.
What Compensation Can You Get In A Wrongful Death Claim?
In the state of Alabama, the death laws are unique in comparison to other states. This is due to the fact that Alabama doesn’t allow just anyone to seek out compensation for the wrongful death action. In other states, any family member can seek out the damages for both economic and non-economic loss including medical expenses, funeral and burial costs, and so on. However, in the state of Alabama, the only person that can file this claim is the personal representative of the estate.
It’s important to note that punitive damages are quite different from compensatory damages. Punitive damages are to punish the defendant for the wrongful death and to deter any future wrongdoers. However, these are awarded to the estate so that they may be used to pay for such thins as the outstanding medical bills, the funeral or burial, and so on.
It’s vital to note that if the person filed the claim prior to their death, this action may survive them. This is referred to as a survival action. In such a case, the damages that aren’t recoverable will be based upon their loss and thus the pain, suffering, medical costs, lost wages, property damages, and consortium are all recoverable.
Although the actions are separate, they may be pursued concurrently due to the situation.
Contributory Negligence: What It Means for Families
Alabama is one of the few states that follows a strict contributory negligence rule. This rule states that if the deceased is found even slightly at fault for the incident, recovery may be completely barred. Insurers often try to use this rule to avoid paying damages.
Since the stakes are so high, The Vance Law Firm conducts thorough investigations, secures expert testimony, and challenges unsupported claims of fault. Our goal is to protect your family’s rights by demonstrating how the responsible party’s actions, not those of your loved one, caused the wrongful death.
Contact A Montgomery Wrongful Death Lawyer
If you believe that your loved one has died due to another person’s negligence, give us a call at The Vance Law Firm so that we can discuss the situation with you. Never sign anything without first speaking with our Montgomery personal injury law firm so that you won’t miss out on any of the compensation that you and your family deserve.
At The Vance Law Firm, we’re going to do whatever it takes to ensure that you receive as much as possible for damages in your wrongful death lawsuit. We take great pride in our services and we believe in treating our clients like family. Give us a call today at 334-333-3333 and let us show you what we can do to help you with your case. Or, you can email us via our online contact form and we can begin discussing your wrongful death claim today. Remember, this is a free consultation so you won’t have to worry about paying us until we’ve won your case.
