Wrongful Death Lawyers in Wetumpka, Alabama

Being located just 20 miles from Montgomery,this city of 7,300 also sits at a convenient junction 76 miles from Birmingham, 135 miles from Atlanta, and 252 miles from Nashville. That means many roadways are coming into and going out of Wetumpka, some of them rural roads, where highway fatalities most often occur in Alabama.

Dealing with the untimely death of a loved one is always a horrific experience that no one should ever have to go through. And when that person’s death is caused by someone’s negligence, it makes it even more difficult to accept.

This can happen in a traffic accident, at the workplace, in a big box store, in a parking lot, or wherever there is an expectation that everyone will act with safety in mind, but someone has failed to do so, resulting in death.

As a survivor, you can file a civil claim against the at-fault party. The lawsuit does not bring back your loved one. The only thing it does is provide some monetary damages to the victim’s family in order to help them adjust financially to what has happened.

It’s essential to understand how Alabama law differs from other states in the handling of wrongful death claims:  

• Alabama law requires the claim to be filed by the survivor’s estate or the person overseeing the will. Chip Nix, Attorney at Law, will help you with what you need to know to establish the estate and determine a personal representative, such as the spouse, who will represent the right to compensation for the wrongful death.  
• Alabama law requires that within 40 days of the death, the representative must notify the court that they are the chosen representative.
• Another aspect of Alabama law is that you may not file to recover medical expenses or the cost of the funeral. Alabama only allows you to seek punitive damages from the at-fault party, which is meant to send them (and others) a message never to repeat the reckless behavior that led to the death.
• If the deceased is a minor under age 19, Alabama law gives them six months to file a wrongful death claim. Otherwise, the survivors have two years to bring a wrongful death lawsuit. 
• Alabama does not cap the amount that can be awarded to a plaintiff in a wrongful death lawsuit.

Another way to put that is Alabama focuses on the at-fault party while other states try to focus on the survivors.

These challenges make it more difficult in Alabama to recover wrongful death damages than in other states. Alabama Attorney at Law Chip Nix is very experienced in navigating the roadblocks Alabama puts in the way of a just recovery.

Types of Wrongful Death

A person is at fault when someone dies through a “wrongful act, omission, or negligence” of another under Alabama law. Wrongful death can happen in many ways, such as:

• Traffic accident – When negligence causes one person to turn their car into another, a trucker drives head-on into another vehicle, or a motorcycle sideswipes a car causing it to go off the road; these may be acts of negligence.
  
  
• Medical Malpractice – Human error in medicine is a leading cause of death in this country; however, pursuing a medical malpractice claim can be challenging. The doctor must be negligent in their diagnosis or treatment. Doctors often do not want to testify against other doctors, and the definition of “malpractice” or “reasonable care” can be challenged.
  
  
• A Criminal Action – A criminal prosecution for homicide is handled in criminal court and can lead to a prison term and fines. A defendant can be facing criminal charges at the same time they are being sued for wrongful death in civil court. It is important to note that these are two separate legal actions, and someone can recover punitive damages in a civil wrongful death claim even if the defendant is not criminally convicted for that person’s death.

Types of Damages Available

Courts can award only punitive damages in a wrongful death claim. Other states allow compensatory damages, such as compensation for medical bills and pain and suffering.

As to who may file for damages:

Adult Decedents – The personal representative of the decedent’s estate can file the wrongful death claim.

Minor Children – A minor is defined in Alabama as being younger than 19 at the time of his/her death. The parents of the minor have six months to file a claim. If that is not done, then the minor’s personal representative must file the lawsuit.

Wetumpka, Alabama Wrongful Death Lawyer

Often the insurer for the other side will make you an offer. Don’t be fooled. This is intended to get you to go away, not to compensate you fairly. Mr. Nix has the experience to know what your wrongful death claim is worth, which the other side also knows.

He will help you with the complicated negotiations with the insurer for the negligent party. After negotiations, and if they fail, the next step is for Mr. Nix to help you prepare for a wrongful death trial and to hold responsible the individual that caused your loved one’s death.

While no amount of compensation can take the place of your family member, there may be some amount of compensation that allows you and your family to continue financially despite the death of your loved one.

Whether the loved one died in Wetumpka or anywhere in Alabama, a complimentary meeting with experienced, compassionate Attorney at Law, Chip Nix, will offer you some direction during this difficult time. Let him help your family navigate the road ahead without your loved one.

Mr. Nix can be reached at his Montgomery office at 334-203-6669 or make an appointment online.  

Sources:

NOLO
https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-alabama.html

Drive Safe Alabama
https://drivesafealabama.org/