The sudden loss of a loved one creates unimaginable pain and stress that are amplified when someone else’s careless, reckless, or deliberate actions were the cause. How do you move forward with your life? How do you protect your family from the sudden uncertainty caused by the loss of someone you love?
At Morris, King & Hodge, P.C., we understand the pain and confusion you’re likely experiencing, and we want to help. If someone else is at fault for your loved one’s passing, you could have grounds to file a wrongful death claim against them, demanding justice through the civil court system. While money cannot undo what’s happened, a successful wrongful death case can provide a measure of accountability and financial stability you deserve.
If you have lost a family member and someone else is to blame, contact the compassionate Florence wrongful death attorneys at Morris, King & Hodge, P.C., today for a free and confidential consultation. We want to help you hold the at-fault party accountable for their actions and pursue the money your family needs to build a better tomorrow.
Why You Need Our Florence Wrongful Death Lawyers
Pursuing a wrongful death claim can be challenging – especially because at-fault parties and their insurance companies will do anything to avoid liability and minimize payouts. You need attorneys who can protect you from their ploys and pursue the full value of your claim. You need Morris, King & Hodge, P.C.
Our firm’s Florence wrongful death lawyers are ready to help your family navigate this difficult time with compassion and sensitivity. We have been standing up for injured people in Alabama and their families since 1966 and have obtained millions of dollars for them. Let us put our skills, experience, and reputation to work for you so you can demand justice for what’s happened to your family.
What Is a Wrongful Death Claim?
A wrongful death case is a civil court action against an individual, business, or other entity whose negligent actions result in someone else’s death. It is a legal remedy that allows the deceased person’s survivors to seek financial restitution for the loss of their family member.
Unlike a criminal case, in which the defendant faces fines or jail time if found guilty, liability in a wrongful death action is expressed in financial terms. Someone responsible for a loved one’s death must pay that person’s surviving family members a civil judgment.
What Are the Common Causes of Wrongful Death in Florence?
Anything that could give rise to a personal injury claim could also lead to a wrongful death action if the victim’s injuries prove fatal. Examples include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Dog attacks
- Medical malpractice
- Construction accidents
- Nursing home negligence
- Slip-and-fall accidents
- Deliberate acts of violence
At Morris, King & Hodge, P.C., our experienced legal team has the knowledge and resources to handle all types of death cases.
Potential Compensation in a Wrongful Death Claim in Florence, AL
How do you put a price on the death of a loved one? The Alabama court system has attempted to answer that question through its unique approach to wrongful death claims.
Most states allow survivors or the deceased person’s estate itself to recover compensation for things like funeral costs, burial expenses, medical expenses, lost income, pain, and suffering. Alabama, on the other hand, allows only the recovery of punitive damages. These are not meant to offset anything the deceased person or their loved ones suffered because of the at-fault party’s actions. Instead, they’re meant to punish the at-fault party for their egregious behavior and to deter others from engaging in similar actions.
Given this unique approach, it’s crucial that you speak with our lawyers as soon as possible. We can review the facts of your case and give you an idea of how much you could be owed.
Who Can File a Wrongful Death Lawsuit in Florence, AL?
In Alabama, only the deceased individual’s personal representative has the authority to file a wrongful death lawsuit. The deceased’s personal representative is typically specified in their will and may also be called the executor. When a person dies without a will, the courts assign someone to act as the personal representative.
Although the executor or personal representative has sole authority to file a wrongful death lawsuit in Alabama, the money recovered through a successful lawsuit gets distributed to the deceased’s beneficiaries following their will or state laws for individuals who die without a will.
In cases where someone 18 or under dies, the law allows that person’s mother or father to file a lawsuit within six months of their death. When the timeframe expires, only the person’s personal representative may file a wrongful death lawsuit.
What Is the Statute of Limitations for Wrongful Death Cases in Florence, AL?
Grieving for a loved one can be a long process. Unfortunately, you do not have an unlimited period to file a legal claim. The Alabama statute of limitations on wrongful death lawsuits states they must be filed within two years of the person’s death.
Filing a wrongful death suit after the statute of limitations expires typically results in the case’s dismissal, meaning you lose the ability to pursue compensation through the court system for the death of a loved one.
It’s critical to contact our attorneys as soon as possible to avoid deadline issues. While talking to an attorney may seem difficult in the aftermath of a relative’s death, many families find a sense of solace in seeking justice for their loved one.
How Our Attorneys Can Help After a Loved One’s Death
The team at Morris, King & Hodge, P.C., can help you pursue fair compensation by:
- Thoroughly investigating the cause of the underlying incident that cost your loved one their life
- Identifying all potentially liable parties
- Collecting vital evidence to build a compelling case
- Explaining your best legal options
- Calculating the total value of your claim
- Aggressively pursuing justice for you and your loved one
Your family deserves justice and closure. Let our team of wrongful death attorneys help you pursue that.
Wrongful Death Frequently Asked Questions
Yes, you can file a wrongful death claim while the police pursue a criminal investigation. However, a wrongful death claim cannot send a defendant to jail. The only recourse surviving family members have in civil court is to seek punitive damages from the negligent party.
You can use the verdict in a criminal investigation as evidence in a wrongful death case, but the liable party does not have to be guilty of a crime for you to recover compensation. That’s because the burden of proof in a civil case is lower than in criminal cases. You don’t have to prove the defendant’s guilt beyond a reasonable doubt.
The duration of wrongful death cases varies, but most cases finish within one to three years.
Compensation in a wrongful death case is limited to punitive damages that are based on the degree of the defendant’s negligence or wrongdoing.
Families who have unexpectedly lost a family member who helped support the household often experience financial distress after the loss. Our Alabama wrongful death attorneys handle cases on a contingency fee basis. We pay any upfront out-of-pocket costs, and we provide free consultations. You pay us no fee or expenses unless we win a settlement or award in your case.
An attorney must establish certain elements to prove negligence in a wrongful death case. They include:
- The at-fault individual or business had a duty to the deceased. For example, a driver has a duty to other motorists to obey traffic laws and operate a vehicle so as not to endanger others.
- The defendant breached their legal duty. The driver got intoxicated and drove without regard for safety.
- The failure to uphold the legal duty led to the death. The drunk driver’s reckless driving led to a head-on collision in which another motorist was killed.
A wrongful death claim is a civil lawsuit that is filed on behalf of the estate of a person who died as a result of someone else’s negligence, wantonness, failure to act or willful misconduct.
Contact an Experienced Wrongful Death Attorney in Florence, Alabama
Have you recently lost a loved one in Florence, AL? Discuss your situation with a compassionate attorney at Morris, King & Hodge, P.C. We know money can’t replace what you’ve lost, but we know it can give you the justice and accountability you and your family members deserve.
Contact us today for a free consultation with a Florence wrongful death attorney.
