Wrongful Death
In Alabama, deaths caused by the wrongful actions of another person, a company, or from defective products are considered “wrongful deaths.” Wrongful deaths are extremely difficult for families who have lost their loved ones due to another’s bad actions. Wrongful death cases are the most severe personal injury cases and are controlled by Alabama’s wrongful death statute, Ala. Code §6-5-410 (1975) which is why it is important to contact a Mobile wrongful death lawyer for help. The Alabama Wrongful Death Act provides for a recovery for the estate of someone killed due to “the wrongful act, omission, or negligence of any person, persons, or corporation . . .”
Alabama law recognizes the sanctity of life by limiting the damages recoverable for the wrongful death of a loved one to punitive damages, the purpose of which is to punish the wrongful conduct that caused the death and to deter the bad actor, and other bad actors, from doing the same thing in the future. This means, however, that the estate of the loved one who died cannot obtain compensation for their loved one’s pain and suffering, lost wages, or medical bills. While a wrongful death lawsuit cannot replace the loved one who is gone, it can ensure that the wrongdoer is held accountable for its bad acts and is punished severely enough to ensure it does not happen to someone else.
A wrongful death lawsuit may only be brought by the estate of the deceased person, and only then by a personal representative who must be duly appointed by the Probate Court. The personal representative must meet certain requirements prescribed by Alabama law, but usually can include surviving spouses, adult children, or parents of the deceased. The statute of limitations in Alabama for a wrongful death claim is two years from the date of the person’s death. Ala. Code §6-5-410(d) (1975). But it is important to contact a skilled wrongful death attorney in Mobile well in advance of the two-year deadline so that the estate can be opened, the claim can be investigated, and, if necessary, a lawsuit can be filed – all of which take time, and all of which must happen within the two year deadline.
At Tobias & Comer Law, LLC, our Mobile, Alabama, wrongful death lawyers are experienced in handling the many different types of cases that can lead to the tragic death of a loved one. Unfortunately, many types of cases can result in the death of a loved one: car wrecks, injuries caused by drivers under the influence of drugs or alcohol, explosions, electrocutions, defective products, medical malpractice, and workplace incidents all can cause the death of a loved one. Our wrongful death lawyers have experience working with experts from many different fields when handling a wrongful death case – from forensic pathologists who determine the cause of death, to engineers who reconstruct the sequence of events that led to the death, our team has the experience necessary to successfully pursue any type of case that causes the death of a loved one. It is especially important in wrongful death cases to hire an experienced wrongful death attorney in Mobile as soon as possible to preserve evidence, speak with witnesses, and determine the cause of death.
If you have lost a loved one due to the wrongful conduct of someone else, please call our office at (251) 432-5001 to speak with one of the members of our team as soon as possible so we can get to work for you. Let Tobias & Comer Law, LLC guide you through this difficult time and navigate the path to understanding what happened to your loved one and fighting for you to make sure this does not happen to someone else. Our wrongful death attorneys serve Mobile and the surrounding areas, including Daphne, Spanish Fort, Fairhope, Foley, Gulf Shores, Orange Beach, Saraland, and Satsuma.