Huntsville Wrongful Death Attorney

There’s no easy way to experience the loss of a loved one, but when that loss is due to the negligence of someone else, you owe it to yourself to find out if you are owed compensation.

If you’re reading this, you may have lost someone you love because someone else was negligent. You’re probably overwhelmed with grief. Your family may have had their financial stability pulled out from under them. You are likely searching for someone you can trust to help you with a wrongful death claim.

We are here to help. Our law firm offers free legal advice about wrongful death claims. Call our Huntsville wrongful death attorney today.

Please don’t wait to contact us out of fear you’ll need cash up-front to speak to a lawyer. Give us a call as soon as possible and schedule your free legal consultation.

Alabama Rules for a Wrongful Death Claim

People sometimes hesitate to look into a wrongful death claim because they aren’t sure if their situation qualifies. Already caught in an emotional tailspin of shock and grief, the possibility of opening a claim is sometimes too much for them. Read on for information about specific aspects of the law in wrongful death claims in Alabama to help you understand your rights.

1. Wrongful death is defined as a death in which a person dies because of an act that was negligent or otherwise determined to be wrongful. This includes omissions, which are considered wrongful when taking action could have prevented the death. Wrongful death in Alabama is further clarified in that had the victim survived, they would have had the right to pursue a personal injury claim against the at-fault party
2. A wrongful death claim must be brought by the personal representative or the administrator of the decedent’s estate. If no one has been appointed the personal representative, or the person who has died was the estate administrator, the family has 40 days after the death to petition the probate court to assign a new personal representative of the estate. Beyond 40 days, the court may appoint an administrator of their choosing. The damages from the wrongful death claim are awarded to the heirs of the estate but do not go through the estate. This prevents creditors from accessing the award, which is also not taxed by either the state or federal government.
3. The state of Alabama does not allow plaintiffs to recover any types of damages except punitive damages for wrongful death claims. These claims are intended to send a message to the at-fault party that their behavior will not be tolerated and will be punished. While this means that damages specifically for lost income or pain and suffering are not available, the cap on punitive damages is $1.5 million.

While there are numerous requirements that must be met to win a wrongful death claim, our Huntsville wrongful death attorney has the experience to fight for compensation on your behalf. If you are taking the brave step forward in pursuing justice for the death of your loved one, Attorney Maples wants to fight for your family.

Under What Kinds of Circumstances May a Wrongful Death Be Involved?

A wrongful death is characterized as being preventable and can involve negligence or carelessness by another; therefore, wrongful death claims can involve almost any cause of death. It can involve any type of preventable accident, such as a fire, motor vehicle crash, or medical malpractice. Or, the death could be the result of negligent security, meaning a property owner or facility failed to provide adequate security in some way that caused the death. An example of this is when a store’s parking lot is aware that robberies have occurred in their parking lot, yet they fail to fix broken lighting or provide security guards or cameras.

These are just a few examples of the types of situations that may result in a wrongful death. If you have any questions about whether the circumstances of a loved one’s death qualifies for such a claim, call us for a free legal consultation.

How Can a Wrongful Death Attorney Help Me?

People sometimes think they can save money by handling their claim without the help of a lawyer. Typically, people who move forward with their claims receive far less in compensation than people who retain legal counsel.

Our Huntsville wrongful death attorney can help you in several ways. One of them is by protecting the value of your claim.

Like other personal injury claims, wrongful death claims are vulnerable to being devalued and denied by the insurance company. The insurance company will grasp at any reason they can to prevent you from collecting damages to save money. They use many tactics toward this goal. While their methods may not be familiar to you, our Huntsville wrongful death attorney knows what kinds of tricks the insurance company will throw at your claim and won’t fall prey to them.

A prime example of this is the insurance company’s request to record your statement about what happened in the event in which your loved one was killed. They may imply that this is a call to help you, not harm your claim, but this simply isn’t true.

The insurance company is looking for information they can use to deflect blame for your loved one’s death. You probably won’t realize it when you’ve said something they can use, but they’ll know. Their questions are specifically designed and asked in a way that produces answers they can use. They often ask the same question from several angles to try and catch the claimant in a contradiction or else saying something they can use against the value of the claim.

Because your attorney will see this coming and avoid it, your best course of action is to delegate all communications to your Huntsville wrongful death attorney. They will know just what to say and what not to say to the insurance adjuster to protect your wrongful death claim.

With as much as you’re going through right now, the last thing you need is a mental “chess match” with the insurance company. Your loved one does not deserve to have the accident that took their life callously blamed on them.

Retaining an Huntsville wrongful death attorney also helps protect the value of your claim because it gets the insurance company to take you seriously. Without a lawyer, the insurance company is likely to push back on your claim with denials and delays, hoping you’ll give up. After all, if they don’t offer a fair settlement, you’re not going to be a threat on your own.

But with a lawyer by your side, the insurance company knows if they fail to negotiate a settlement, they’ll have to go to court. This possibility often brings about much higher settlement offers. Having a reputable wrongful death attorney gives you the legal leverage you need to get results for your claim.

Another benefit of retaining an attorney is handing off the burden of your claim to your lawyer. Your claim will get expert attention, maximizing your chance of success, and you’ll gain the ability to focus on your family during this difficult time.

How You Can Help Protect Your Wrongful Death Claim

As you begin a wrongful death claim, there are steps you can take yourself to protect its value until you’ve selected the right lawyer to help.

Don’t Talk to the Insurance Company

We’ve mentioned the importance of having a lawyer take over communications with the insurance company. This is one of the most effective ways to prevent them from succeeding in devaluing your claim. Just assume that anything you say can and will be used against you if you speak to them directly. You don’t need the stress, and your lawyer will know how to handle communications without harming your claim.

Don’t Put Off the Attorney Consultation

You are probably facing the most difficult experience of your life right now. And it may be that you can wait to begin your claim, but this is something you must find out from an attorney. Every wrongful death claim is unique to the circumstances of that claim. Statutes of limitations on filing vary depending on the case.

Our Huntsville wrongful death attorney wants to support and guide you through your claim, starting with answering your questions. The consultation is free. Find out how long you’ve got to get a claim started to make sure you don’t lose your ability to seek compensation.

The insurance company is going to try to reach you soon after the accident report is filed. This is something you can turn over to your attorney, instead of having to take it on alone at great risk to your claim.

Hire the Best Attorney for Your Claim

Wrongful death claims are particularly vulnerable to the mistake of hiring the first attorney you encounter or that’s been recommended to you. Because you are so in need of support and guidance right now, however, this is the time to choose your attorney very carefully.

Your brother’s divorce lawyer may be excellent, but unless he spends much of his time working in wrongful death claims, he’s not the right attorney for your claim. This is not a mistake people typically make with doctors. If they need their foot operated on, they go to a podiatrist. But all too often people trust that anyone with a law degree can take on your claim.

It’s understandable that you may not be up to looking through attorney websites, reviews, and ratings. We recommend you ask a friend or family member to help you with this. Chances are, they’ll be grateful for a way to help you right now. Ask them to look for a personal injury trial lawyer with experience winning wrongful death claims, both through negotiation and at trial.

Retaining a trial lawyer is going to benefit your claim. Even if the claim settles, it’s likely to settle faster and for a higher amount when the insurance company sees you’ve hired a trial lawyer. They may opt to settle to avoid a trial. And if they refuse to settle, your lawyer will be ready to pursue them in court to bring you justice.

Alabama Wrongful Death Client Story

We are using the following client story to illustrate the elements of a wrongful death claim. We’ve changed the names and details to protect our client’s privacy, but you’ll find the information helpful just the same.

On a rainy night in February not so long ago, Kelly Smith was awakened in their home in Huntsville by the familiar sound of a Fender Stratocaster picking through the opening notes of “Sweet Home Alabama.”

“J, your phone,” she murmured before turning away from the sound.

The phone continued to play, rolling into the chorus.

Sighing heavily, she nudged her husband with increasing urgency. “Jamal, phone,” she repeated until he startled awake. He’d been out cold.

Answering, he stumbled into the bathroom and shut the door to block the light.

Almost immediately, he came back out and quietly tugged his jeans back on. They were still damp from the last call out, but he didn’t see any sense in soaking a new pair. Besides, if he could help it, he’d rather not wake Kelly completely by rifling through the dresser. She’d be up soon enough chasing after their son. Tomorrow might not be a school day, but Jamal Jr. had not yet discovered the magic of sleeping in.

He was lacing his boots when Kelly mumbled, “You gotta tow?”

“Yeah, Babe, I gotta tow,” Jamal answered quietly. He bent and kissed his wife’s cheek.

“You’ve gotta tell Earl you need another guy,” she murmured. “And take a protein bar with you. I bet you never did eat dinner.”

His stomach growled in response to Kelly’s words. “Shhhh, go back to sleep. I’ll be home soon,” he whispered, grabbing a ball cap and heading into the hall.

“I love you,” she said softly, drifting back to sleep.

“I love you more,” he whispered, heading into the kitchen.

It had been just over an hour since the last call, and it was only 10:00 p.m. The night was still young. Maybe, he thought, it’d be easier to stay up when he got back. Crashing in bed only to have to wake up from a deep sleep was becoming physically and psychologically painful. Besides, it was Friday. He could sleep in tomorrow. He grabbed his son’s empty backpack from the kitchen chair and tossed in a bottle of water and two protein bars before heading out into the rain.

The body shop was shorthanded, and he was on call for the second night in two days after a full day at work. To say he was tired was an understatement, but there was no denying he loved his job. Besides, over the past two years, it had become more than a job.

Now that his son was in school and Kelly was back at the salon, they were covering their bills and on the path to business ownership. He exhaled, rolled his shoulders, and smiled thinking about it as he drove west out of Huntsville into Capshaw.

At 26 years old, he’d found the perfect fit for his energy and drive working at the body shop. He’d been with the company for six years when he was promoted to manager. That’s when Mr. Green had approached him about his “retirement plan.”

“Don’t get too excited until you hear me out, Son,” the kind old man told him. He then outlined an idea through which Jamal could buy the shop from him over a ten-year period. When he was done, he’d looked at Jamal’s wide eyes and said, “I know it’s a lot to process. Don’t answer me right now. Go home and sleep on it. Talk to Kelly and let me know what you decide.”

“I don’t have to sleep on it. I’m in. And I know Kelly will be, too,” said Jamal smiling as he shook Mr. Green’s hand.

Kelly was as excited as he was. They made traction on their debt and a year later opened a college fund for their son. The tiny account would take years to grow, but they had time. As their son was starting college, Jamal would make his final payment to Mr. Green and become owner of the business.

He quickly located the stranded motorist. As he backed the truck up to the car, a distinguished older gentleman exited his car. He thanked Jamal as he climbed into the cab of his truck to wait.

As Jamal hooked up the disabled vehicle, he was pleased to find the rain ebbing to a drizzle. On his way back to the body shop, Jamal learned the gentleman was a business coach and author on his way home from a book signing. Jamal was fascinated and asked the man question after question. He told the man about his entrepreneurial plans and was honored when the man gave him a signed copy of one of his books as his wife drove up to take him home.

It was ten minutes to eleven when Jamal got back in the truck. He debated whether to head back home or stick around in case he got another call. Things should slow down after midnight, and now he had some important reading to do. He opened the cover and looked at the inscription.

Jamal,

Congratulations on your new business venture. I know you’ll be great because you already are.

The sky’s the limit!

Keep in touch,

Michael

Jamal sipped water and ate a protein bar, quickly engrossed in the book. It was packed with information and far from boring. He could tell he’d likely read it several times to absorb it all.

He’d just finished the first chapter when another call came in. Jamal slipped the book back into the backpack and rolled out of the tow yard.

Fifteen minutes later, he was rigging up a Toyota on the shoulder of North Memorial Parkway in Meridianville. It had stopped raining and his pants were almost dry. He hummed to himself, content as he worked.

Jamal had just turned back toward the truck when he was blinded by the cold glare of halogens as his shadow cast itself back over the Toyota. He reflexively put his hands up to block the light as a drunk driver careened toward him, killing him instantly.

How much does it cost to hire a lawyer?

Kelly Smith met with Huntsville wrongful death attorney Jacob Maples three weeks later at her mother Regina’s insistence. Kelly sat silently, staring at her hands folded neatly in her lap. Her mother sat beside her. Her father James sat in the waiting room with Jamal Jr.

The sound of the clock seemed deafening as the seconds ticked by, emotions running across Kelly’s face in rapid succession.

Disbelief, sorrow, anger. Attorney Maples was very familiar with the incredibly difficult place he knew Mrs. Smith was in. He waited her out, suspecting the meeting had not been her idea.

Regina shifted awkwardly and finally began, “My daugh—”

“I’m sorry,” Kelly said, shooting to her feet. “I think I’ve made a mistake. I don’t even know why I’m here.” She turned and crossed the room before she could regain control of her tears. Regina was by her side before she reached the door. She spoke quietly but firmly in her daughter’s ear, willing the words to get through the shell of grief consuming her daughter.

“You are here because you have a son who needs you. And you need answers,” her gentle words somehow reaching her daughter. “Please, Kelly, sit down.”

No one was more surprised than Regina when her daughter turned on her heel and returned to her seat, almost as if on auto pilot.

“How much do you charge?” she asked Attorney Maples. “I don’t mean to be rude, but we are in a bit of a difficult situation.”

“Of course,” said Attorney Maples. “There is no up-front cost. We operate on a contingency-fee model. We cover all case expenses. In the end, you only pay if we win your claim for you.”

Kelly’s eyes closed and she took a shaky breath. Regina squeezed her hand.

How does this work?

“We’re a bit lost, as you can imagine,” Regina said as she handed her daughter a box of tissues from the side table. “How does this work?”

“We need to begin by identifying all at-fault parties responsible for your husband’s death, Mrs. Smith,” Attorney Maples began. “We must then connect the actions of these parties to the accident and the death that resulted.

“We do this through a thorough investigation into the accident. Because the driver was drunk, we will also determine whether the establishment that served the driver was aware of how inebriated he was when they served him. Dram shop laws will allow us to include the bar in our claim if they are found to also be at-fault.

“In the state of Alabama, the only damages you can pursue are punitive damages. This means you cannot recover income lost because of the death or lost inheritance. Punitive damages were established to punish the guilty party and send a message that such crimes will not be tolerated, however, which means if you win, the award is usually significant.

“After we thoroughly investigate to establish all guilty parties,” Attorney Maples continued, “we determine what your compensatory damages are. This is the amount your losses are worth, both economic and non-economic, meaning lost income, funeral and burial expenses, pain and suffering, loss of companionship, like that.

“While we cannot outright request compensation for these damages, their total value gives the basis from which to negotiate an adequate settlement with the insurance company.

“At that point, if they refuse to negotiate a settlement in good faith, we sue. Now, since you are not eligible for compensatory damages but only punitive damages, if you win your lawsuit, a jury will decide on the amount of your punitive award.

“The jury will receive instructions to award an amount that correlates with the defendant’s actions. This varies, but is typically no more than three times the amount of what you would have gotten for the other types of damages—the compensatory damages that you cannot claim.”

“So, the award is likely to go, up?” Kelly asked.

“There are no guarantees, but it’s quite possible, if your lawsuit is successful,” said Attorney Maples. “Juries are usually unsympathetic to drunk drivers.”

What if the at-fault party has been arrested?

Kelly’s eyes closed again, but she nodded, calm now. “Can we move forward even though the driver has been arrested?”

“We can,” said Attorney Maples. “Criminal charges do not prohibit you from pursuing compensation in civil court. In fact, the arrest supports your claim, because the person who took your husband’s life is a repeat offender facing criminal charges. Again, there are no guarantees, and we will conduct a thorough investigation, but at this point, I believe you have a solid claim.”

How much time do I have to file a claim?

Regina patted her daughter’s shoulder and asked Attorney Maples, “What’s the deadline on making a decision?”

“According to Alabama law, you have two years from your husband’s death to file the lawsuit,” said Attorney Maples. “You do have to be the personal representative of the estate to make the claim, however. Otherwise, we have to petition to get you designated as such within 40 days from your husband’s death.”

“I am the administrator of the estate,” Kelly responded.

“Okay, that helps. You have two years to file your claim, so you have time to think about it. But I suggest you do move forward as soon as you decide you want to file and feel you are up to doing so. The sooner you begin, the more evidence you’ll have, and the more accurate witness testimony will be.

“The benefits of moving forward with an attorney are many,” he added, ticking them off on his fingers one at a time.

“Your claim will be moved forward as efficiently as possible. Your claim will be protected as much as possible from being devalued by the insurance company. You get to focus on your family while your attorney takes care of the rest.”

At that moment, the door swung open and a long-limbed ten-year-old boy crossed the carpet in four swift steps, his grandfather close on his heels, waving something over his head.

“I’m sorry, I don’t know what got into him,” James said apologetically.

“Mom, look, this book was in my backpack. It’s dedicated to me!” Jamal Jr. said, breathless as he handed his mother the book from the business coach. He opened the overleaf and read aloud reverently.

“The sky’s the limit.”

Then seeing the tears in his mother’s eyes, he hugged her fiercely and said with determination much older than his years, “I’m going to run the shop for Daddy.”

Kelly swallowed the lump in her throat and looked over her son’s shoulder at Attorney Maples as calm settled over her. “I don’t need time to think about this. I’m ready.”

Kelly retained Attorney Maples and a jury awarded her and her son a sum of money that stunned her.

Call Our Huntsville Wrongful Death Attorney Today

We hope you’ve found the information on this page helpful. Since every wrongful death claim is unique, we encourage you to call our Huntsville wrongful death attorney today for your free legal consultation. Find out how we can help you seek justice and compensation for all that you’ve lost. Call today and let us fight for your family.