Common Mistakes to Avoid in Alabama Wrongful Death Cases

Losing a loved one is an incredibly difficult experience, and it can be even more devastating if their death was caused by someone else’s negligence or wrongdoing. In Alabama, if someone’s negligence or intentional actions caused the death of another person, their loved ones may be able to pursue a wrongful death lawsuit. However, pursuing such a case can be complex, and there are several common mistakes that you should avoid if you want to have the best chance of success. In this blog post, we’ll explore some of the most common mistakes to avoid in Alabama wrongful death cases.

Waiting Too Long to File a Lawsuit

In Alabama, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased’s death. If you miss this deadline, you may lose your right to pursue a case altogether. Therefore, it’s important to act quickly and consult with an experienced wrongful death attorney as soon as possible.

Not Hiring an Experienced Attorney

Wrongful death cases can be complex and require a thorough understanding of the law, as well as the ability to investigate and gather evidence. Hiring an experienced wrongful death attorney who has a track record of success in these types of cases is crucial to ensure that your case is handled properly and that you receive the compensation you deserve.

Failing to Preserve Evidence

In wrongful death cases, evidence can be critical in proving liability and damages. It’s essential to preserve all evidence related to the case, including photographs, medical records, police reports, witness statements, and any other documentation that may be relevant. Failing to preserve evidence can significantly harm your case and reduce your chances of success.

Not Understanding the Damages You’re Entitled to

In Alabama, the damages that you may be entitled to in a wrongful death case can include compensation for medical expenses, funeral expenses, lost income, and pain and suffering. It’s important to work with your attorney to understand the types of damages you may be able to recover and to ensure that you’re pursuing the maximum amount possible.

Failing to Provide Accurate Information

It’s important to provide accurate and complete information to your attorney about the circumstances surrounding your loved one’s death. Any inaccurate or incomplete information can harm your case and reduce your chances of success. Additionally, it’s crucial, to be honest and forthcoming with your attorney to ensure that they have a clear understanding of the situation.

Accepting a Settlement Too Early

Insurance companies and defendants may try to settle wrongful death cases quickly to avoid larger payouts. However, accepting a settlement too early may not fully compensate you for your losses, and you may be entitled to more. It’s important to work with an experienced wrongful death attorney who can advise you on whether a settlement offer is fair and whether it’s in your best interest to accept or pursue additional compensation.

Not Properly Identifying the Responsible Parties

In wrongful death cases, it’s crucial to identify all parties who may be responsible for your loved one’s death. This may include individuals, businesses, or government entities. Failing to identify all responsible parties can harm your case and reduce your chances of success.

Not Understanding Comparative Negligence Laws in Alabama

Alabama follows the doctrine of contributory negligence, which means that if the deceased contributed to their own death in any way, their loved ones may not be able to recover damages in a wrongful death case. It’s important to understand this law and to work with an experienced attorney who can help you navigate this issue.

Failing to Communicate Effectively with Your Attorney

Communication is key in any legal case, and it’s essential to maintain regular and effective communication with your attorney throughout the process. Failing to communicate effectively can harm your case and reduce your chances of success. Additionally, it’s important to ask questions and seek clarification whenever you’re unsure about any aspect of your case.

Allowing Emotions to Control Your Decisions

Losing a loved one is an emotional and traumatic experience, and it can be easy to let your emotions control your decisions. However, it’s important to remain calm and rational throughout the process and to make decisions based on what’s best for your case. Working with an experienced attorney can help you navigate the emotional complexities of a wrongful death case and make informed decisions.

Wrongful death cases are complex and emotionally challenging, but by avoiding common mistakes and working with an experienced attorney, you can increase your chances of success and receive the compensation you deserve. If you’re considering pursuing a wrongful death lawsuit in Alabama, don’t hesitate to consult with a qualified attorney who can help you navigate the process and fight for justice on behalf of your loved one.

As a law firm, we understand the challenges and complexities that come with Alabama wrongful death cases. Our team, including Jacob A. Maples, is dedicated to helping clients avoid common mistakes and achieve the best possible outcome for their cases.

We act quickly to ensure that your case is filed within the statute of limitations and conduct a thorough investigation to gather evidence and identify all responsible parties. We work closely with you to understand your damages and pursue the maximum compensation possible.

Throughout the process, we communicate regularly and effectively to keep you informed and involved in your case. We negotiate with insurance companies and defendants to secure a fair settlement, and if necessary, we pursue additional compensation through litigation.

We understand the emotional toll that a wrongful death case can take on you and your family. We provide compassionate and personalized representation while aggressively advocating for your rights and interests. By working with us, you can have confidence that your case is in capable hands, and we will fight tirelessly on your behalf to ensure that justice is served for your loved one.