Wrongful Death

Wrongful Death

areas_wrongfuldeathWhen someone is killed as a result of the wrongful conduct of another person, family members need experienced counsel to advise them and to make sure the person or company responsible is held accountable for their loss.

In the state of Alabama, wrongful death claims are handled differently from any other state. One of these differences is that damages in an Alabama wrongful death case are purely punitive. In other words, unlike other states where you are required to prove the value of the life, none of this evidence is used in Alabama wrongful death cases. In fact, a person’s income, age, job, or trade has nothing to do with the value of a death case in Alabama. Alabama courts have found that the paramount purpose of the wrongful death statutes is the preservation of human life. Hence, witnesses such as an economist are neither relevant nor admissible in a wrongful death case in Alabama.

Another difference in the state of Alabama is that only a personal representative appointed by the court can bring a wrongful death suit. Therefore, a personal representative must be appointed by court order in order to proceed with filing a claim or lawsuit.

Another interesting point about Alabama wrongful death cases is that damages recovered in a wrongful death action do not become a part of the deceased’s estate, and are not subject to the debts or liabilities of the estate. It is not uncommon for health care providers to attempt to make a claim against the proceeds of a wrongful death law suit. The law is clear that money received from a wrongful death suit is not available for the payment of the decedent’s debts including debts incurred just prior to the death (for example, hospital expenses, health care insurance subrogation interest, funeral expenses, etc.).

At Walton Law Firm, our team has the knowledge and resources to help clients pursue a wrongful death case against the at-fault party or parties, assess the full extent of the loss, and obtain a financial recovery that will help the survivors begin to rebuild their lives.

The firm represents clients in wrongful death cases involving:

  • Automobile Accidents
  • Tractor Trailer Accidents
  • Train Accidents
  • Traumatic Brain Injury
  • Bicycle Accidents
  • Motorcycle Accidents
  • Job-Related Accidents
  • Construction Accidents
  • Watercraft Accidents
  • Dog and Animal Attacks
  • Premises Liability
  • Products Liability
  • Asbestos Litigation
  • Pharmacy Negligence

Walton Law Firm offers free initial consultations in wrongful death cases, handling them on a contingency fee basis, which means no fee unless we recover money on your behalf. We will come to your house if you are unable to come to our office.