Wrongful Death Lawyers in Huntsville, Alabama
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Compassionate, tough wrongful death lawyers when negligence causes the death of a loved one
It’s crushing to lose a family member without any warning. It’s especially devastating to learn that the death was preventable. Drivers, property owners, manufacturers, trucking companies, and many others owe a duty to others to drive safely, inspect their properties, make safe products, and act competently. When their failure to meet those duties causes a death, a wrongful death claim holds them accountable.
At Martin & Helms, our experienced Huntsville wrongful death lawyers have decades of combined legal experience, working relationships with liability experts, and extensive courtroom experience to help your family obtain justice and compensation for the wrongful death of your loved one. We’re ready to help you pursue your legal claim so you can mourn your loved one.
How can we help?
- What is a wrongful death claim?
- What types of wrongful death claims do you handle in Huntsville?
- Who has the authority to file an Alabama wrongful death claim?
- Who are the beneficiaries of a wrongful death claim in Alabama?
- What is the value of a wrongful death case in Alabama?
- What are the challenges in filing a wrongful death case in Alabama?
- What is the deadline to file a wrongful death case in Alabama?
- Why do people choose Martin & Helms to handle their wrongful death case?
- Huntsville wrongful death FAQs
- Do you have a Huntsville wrongful death lawyer near me?
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What is a wrongful death claim?
A wrongful death claim is filed in civil court. The lawsuit is filed by the estate’s personal representative. We file the lawsuit against those responsible for your loved one’s death due to the negligence, wrongful acts, or omissions of those who had a duty to protect your loved one. AL Code § 6-5-410.
Your wrongful death case is independent of any criminal charges that may or may not be filed against the wrongdoers.
What types of wrongful death claims do you handle in Huntsville?
Martin & Helms handles the following types of accidents or negligence that cause the death of a loved one:
- Vehicle accidents. Our fatal vehicle accident lawyers, including fatal car accident lawyers and fatal truck accident attorneys, handle all types of vehicle accidents. These include:
- Product liability claims
- Defective machinery
- Defective consumer products
- Defective vehicles
- Dangerous drugs
- Medical devices that are defective
- Premises liability claims
- Construction accidents
- Workplace accidents
- Fire and explosion accidents
- Alcohol or liquor liability claims (Dram Shop claims)
Who has the authority to file an Alabama wrongful death claim?
Only the personal representative of the estate can file the wrongful death lawsuit. The personal representative is generally an executor appointed under the decedent’s will or an administrator appointed by the probate court.
If the deceased was a minor (under 19), a parent entitled to file under Alabama law may file the wrongful death claim. If the parents do not file within six months, the minor’s personal representative may file the claim. Ala. Code § 6-5-391. We can explain when and how a wrongful death claim can be filed for an unborn child.
The claim is filed in the county where the deceased could have filed a personal injury action if the wrongful act wasn’t fatal.
Who are the beneficiaries of a wrongful death claim in Alabama?
The beneficiaries are the people who would inherit through Alabama’s intestate laws, even if there is a will. Alabama Code § 43-8-40 through § 43-8-42. Generally, a spouse and children have priority. Parents and siblings may inherit in some cases.
What is the value of a wrongful death case in Alabama?
Unlike other states, the only damages in Alabama are punitive damages. Punitive damages punish the defendant(s) for the wrongful conduct and deter similar conduct. Punitive damages don’t focus on the funeral and burial costs, the income your loved one would have earned, or the loss of love and comfort your loved one would have provided.
Alabama’s general punitive-damages caps do not apply to wrongful death awards, although separate statutory limits can apply to certain defendants, including governmental entities.
If the decedent survived before dying, in limited circumstances, the estate may pursue claims that survive under Alabama law.
What are the challenges in filing a wrongful death case in Alabama?
Presenting evidence
Since your loved one is not alive to testify, our Alabama wrongful death lawsuit attorneys will need to prove how your loved one died in other ways. These ways can include the testimony of investigators, the police, traffic reconstruction experts, eyewitnesses, and the defendants. Other evidence can include physical evidence (such as where the damage to the cars is in an accident), evidence that a product was defective, notices of building code violations, and many other types of evidence.
A possible criminal case
There is no requirement that prosecutors file criminal charges against the people or businesses that caused your loved one’s death. You can file a wrongful death claim whether criminal charges are filed or not.
If criminal charges are filed, our Alabama wrongful death lawyers will coordinate your civil wrongful death case with the criminal case. For example, if a drunk driving accident was fatal and the driver is charged with driving under the influence, we’ll work with the police and prosecutors (such as the Madison County District Attorney’s Office) to show how impaired the driver was and whether the driver is convicted.
What is the deadline to file a wrongful death case in Alabama?
An Alabama wrongful death action generally must be filed within two years of the death. Separate notice requirements can apply to claims involving governmental entities.
Please don’t wait. It’s important that we investigate the cause of the accident as soon as possible.
Why do people choose Martin & Helms to handle their wrongful death case?
At Martin & Helms, we begin wrongful death cases by taking the time to know your loved one. We want to know why your family member was such a wonderful person. We respect your need to grieve.
- We work with professionals and through the discovery process to show what happened, why your loved one’s death was preventable, and who is responsible.
- Our caring lawyers have extensive experience investigating how fatalities happen, including complex cases where liability may be contested.
We understand how to place a value on punitive damages. - Our attorneys are skilled negotiators.
- We understand the art of selecting juries.
- We’ll persuasively argue your claim before a local judge and jury if your case does not settle.
Our results
We handle wrongful death claims on a contingency fee basis, which means we only receive compensation if your case is successful. We’ve recovered more than $100 million for our clients. While past recoveries can’t guarantee future outcomes, we will work to present the strongest case possible.
Huntsville wrongful death FAQs
Can multiple parties be liable?
Yes. In many cases, more than one defendant may be responsible.
For example, in a truck accident wrongful death lawsuit, the truck driver, the truck driver’s employer, and the owner of the truck (if different than the owner or employer) may all be liable.
What is the role of the estate representative?
The personal representative has the authority to file an Alabama wrongful death claim. The personal representative works with our Huntsville wrongful death lawyers to help explain what happened and make decisions about the case (including whether to settle or go to trial).
Can a wrongful death claim settle?
Yes. Our wrongful death attorneys will review how much we think your case is worth, how much insurance coverage there is, and the pros and cons of settling versus having a jury trial.
Many wrongful death cases do settle. We’re always ready to present your case before a jury if the settlement offers are not high enough.
What if the death happened at work?
If an independent contractor’s death was caused by a legally responsible party, the personal representative may be able to file a wrongful death claim. If the death was due to the fault of a third party (such as a manufacturer of defective machinery), the personal representative of the decedent can file a wrongful death claim against the responsible parties, for both employees and independent contractors who die.
How long does a wrongful death case take?
The time varies depending on the cause of death, how much the defendants contest responsibility, the amount of insurance coverage, and other factors.
How does a wrongful death lawyer get paid?
Martin & Helms handles wrongful death cases on a contingency fee basis. We only receive compensation if there is a settlement or a verdict in your favor. There are no upfront costs.
Do you have a Huntsville wrongful death lawyer near me?
We consult with personal representatives and family members at our Huntsville office located at 2317 Market Place SW, Suite A, and our Decatur office located at 255 Grant St., Suite 305.
We also consult with clients by phone and through online video platforms.
We’re here to answer all your questions, explain your rights, and fight for the wrongful death damages you deserve.
Contact our Huntsville wrongful death attorneys today
At Martin & Helms, we understand just how tragic the death of a loved one is. We’re ready to help your family hold those responsible liable and to help your family move forward. Please call us or fill out our contact form today to arrange a free consultation.
We represent clients throughout Alabama, including Athens, Decatur, and Madison.