Are you struggling with a loved one’s death because of a fatal accident in Montgomery, Alabama? Call Singleton Schreiber for the support and aggressive legal advocacy you deserve during this trying time in your life. The at-fault party has to be held accountable. Our experienced Montgomery wrongful death lawyers can help you fight for maximum compensation.
Singleton Schreiber is an award-winning personal injury law firm that fights for injury victims and families across the country. Over the past decade, we’ve helped our clients recover more than $3 billion in settlement agreements and hard-fought jury verdicts across the United States. Now, our local Alabama litigators are ready to invest our national resources into your wrongful death case, too.
Contact our Alabama law office in Montgomery to arrange a time for a free consultation.
Families in Montgomery, AL, Trust Singleton Schreiber After Fatal Accidents
It’s never easy to lose someone you love. Their death can be so much more difficult to bear when it’s the result of a careless accident. And while you have the right to pursue damages, winning a wrongful death claim isn’t easy.
That’s why grieving families in Montgomery, AL, turn to Singleton Schreiber.
Our Montgomery personal injury lawyers are highly accomplished civil litigators with decades of collective experience handling wrongful death claims. Alabama has unique wrongful death laws, and we bring a depth of understanding and experience to the table that can make or break your fight for compensation.
When you ask for our help after the death of someone you love, you’ll have time to focus on putting the pieces of your life back together while we handle the rest.
We will:
- Explain your legal rights and options as the decedent’s surviving family member(s)
- Answer any questions you have about the legal process and offer helpful guidance and advice
- Oversee a thorough, independent investigation into the circumstances surrounding your family member’s premature death
- Gather important pieces of evidence that will help us establish liability and secure a life-changing monetary award for your family
- File your legal claim within the applicable statute of limitations
- Determine the best strategy for navigating claims of contributory negligence
- Fight for your family’s best interests by aggressively seeking a maximum settlement offer during negotiations with the defense
- Argue the merits of your family’s wrongful death lawsuit at trial, if necessary
Our Alabama wrongful death attorneys in Montgomery will be there for your family every step of the way. We know you have one opportunity to hold the person responsible for your loved one’s death accountable, and our law firm is here to help you make the most of it.
Call our compassionate legal team in Montgomery today to learn more. Your first case evaluation is free.
How Does Alabama Define Wrongful Death?
Alabama’s Wrongful Death Act defines wrongful death as one caused by another party’s “wrongful act, omission, or negligence.”
A wrongful death lawsuit can be pursued under Alabama Code Section 6-5-410 when the decedent would have had the right to pursue damages through a personal injury lawsuit if they’d survived.
Simply put, the right to sue for damages doesn’t disappear just because an accident or criminal act of violence is fatal. As long as the decedent would have been able to pursue compensation if they’d lived, the right to sue simply shifts to another party.
Alabama’s wrongful death law helps to ensure that an at-fault party won’t just walk away from a fatal accident without consequence. There are still measures in place to ensure that they can be held accountable for the harm they’ve caused.
Who Can Bring a Wrongful Death Claim in Alabama?
Not just anyone can file a wrongful death lawsuit in the state of Alabama. In wrongful death claims involving adults, only the personal representative of the decedent’s estate has this right.
The personal representative is a party named in the decedent’s will or, if they die intestate, appointed by the court.
Most often, the personal representative is a trusted friend or family member.
When a claim involves the wrongful death of a minor child, the parents have the right to file a wrongful death lawsuit. However, the parents don’t survive their child, or if they fail to file a claim within six months of the child’s passing, the right reverts to the personal representative.
Who Can Benefit From a Wrongful Death Claim in Montgomery?
While the personal representative initiates the wrongful death case, any damages that are awarded are paid to the decedent’s surviving heirs in accordance with Alabama’s intestacy laws.
Typically, wrongful death settlements or jury awards are distributed to the decedent’s spouse, children, and/or parents.
- When a decedent is survived by only their spouse, the spouse receives the entire award.
- When a decedent is survived by a spouse and children, the spouse receives the first $50,000 of the award plus half of the remainder, and the rest goes to the children.
- If a decedent is only survived by their parents, the parents receive the entirety of the wrongful death award.
It’s important to work closely with an experienced and skilled personal injury attorney in Montgomery, AL, as you navigate a wrongful death claim. Litigation and distribution of damages can be complicated. Singleton Schreiber can offer the insight and advocacy you need to get the best results. Don’t hesitate to call our legal team for help – we’re here to answer your call 24 hours a day.
Types of Wrongful Death Cases We Handle
Almost any accident or act of intentional violence can be fatal.
At Singleton Schreiber, we’re prepared to stand up and fight for families who’ve suffered the devastating death of family members as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Scooter accidents
- Train accidents
- Medical malpractice
- Nursing home abuse
- Birth injury
- Defective products
- Construction accidents
- Workplace accidents
- Slip and fall accidents
- Matters of premises liability
- Dog bites
- Negligent security
- Assault
- Sexual assault
- Boating accidents
- Aviation accidents
We know how much it hurts to lose someone you love. We also know that while money won’t bring your loved one back or take away your incredible pain, it can make a huge difference in your life as you begin to move forward. It can also offer a sense of justice and, in some cases, closure.
Our Alabama wrongful death lawyers in Montgomery can offer the knowledge, resources, and winning legal strategies you’ll need to achieve the kind of case results you deserve. We’re here to help in any way we can, so please do not hesitate to contact us to discuss your wrongful death case today.
What Can Be Awarded in an Alabama Wrongful Death Lawsuit?
Unlike other states, where a decedent’s family member can recover compensatory damages in a wrongful death claim, Alabama only permits punitive damages in wrongful death cases.
Punitive damages are awarded for the sole purpose of punishing a defendant and deterring similar harmful behavior in the future.
Pursuant to Alabama Code Section 6-11-20, punitive damages are permitted when there is clear and convincing evidence that a defendant “consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.”
There is no cap on punitive damages in Alabama in wrongful death claims involving an “intentional infliction of physical injury.”
What’s a Survival Action and How is it Different From a Wrongful Death Case?
Wrongful death claims are filed to help the victim’s family members cope with an untimely and devastating loss. Only punitive damages can be awarded. Survival actions are filed to compensate the decedent’s estate for losses and/or suffering the decedent suffered before they passed away.
Survival actions are only permitted when a decedent survives their fatal wounds for a period of time – which could be minutes, hours, or even months. The estate can bring a legal claim to demand compensatory damages for the victim’s medical bills, lost wages, property damage, and even the pain and suffering they endured before death. Damages are paid to the decedent’s estate and distributed pursuant to a will or Alabama state law if the victim died intestate.
Ultimately, a survival action that’s filed alongside a wrongful death claim can help a family recover more comprehensive damages and further alleviate the financial burdens and stress they experience in the wake of a tragic loss.
How Much Does it Cost to Hire a Wrongful Death Attorney in Montgomery?
Our Alabama wrongful death lawyers in Montgomery represent clients on a contingent basis. This means there’s no set fee or cost to hire our law firm. There’s no upfront payment for our legal services, either. Instead, our fees are tied directly to the case results we achieve.
We only get paid when we recover compensation for your wrongful death case.
When we win, our attorney fees are paid out of the settlement agreement we negotiate or the verdict we secure on your family’s behalf at trial. While it varies from case to case, most fees range between 30 and 40 percent.
If we don’t recover compensation for your wrongful death case, you pay absolutely nothing.
Don’t hesitate to contact our Alabama personal injury attorneys in Montgomery to learn more about our legal services and fees, as well as why you’ll want us by your side as you fight for maximum compensation in your wrongful death case.
When Should I File a Wrongful Death Lawsuit in Alabama?
In Alabama, you’ll have two years from the date of a loved one’s passing to file a wrongful death lawsuit.The statute of limitations runs on the date of death, which might not be the same as the date they suffered their fatal wounds.
If you don’t file your wrongful death lawsuit before time runs out, you’ll generally lose the ability to demand financial accountability from those who are responsible for your devastating loss.
Get Singleton Schreiber’s Local Litigators Helping You Fight For Justice After the Wrongful Death of a Loved One in Montgomery, AL
You’re dealing with an unbearable loss because someone was careless. You shouldn’t have to bear the burdens of that loss on your own. You deserve justice. Singleton Schreiber can help you launch a powerful legal claim to recover compensation for your loved one’s wrongful death.
Our Montgomery wrongful death attorneys offer personalized and powerful legal representation when you need it most. We’ll be there to provide the support and guidance you need to move forward, while also investing the full force of our law firm’s resources into your wrongful death lawsuit.
We’ll take on the at-fault party, their insurance company, and anyone who tries to stand between you and a meaningful financial recovery. You focus on grieving your loss and figuring out how to put the pieces of your life back together.
We offer a free consultation, so call our Montgomery law office to speak with a member of our trusted legal team today.
