Huntsville Wrongful Death Attorneys, Alabama
Compassionate wrongful death lawyers protecting your right to a secure future
Losing a loved one suddenly and unexpectedly is a tragedy that is difficult to bear. But when you learn that his or her death could have been prevented had it not been for the negligence, recklessness, or wrongful acts of another person, it can be devastating.
At Martin & Helms, our compassionate Huntsville wrongful death lawyers are ready to fight for justice on your loved one’s behalf. With more than 45 years of combined legal experience, and the willingness to step up and take on the legal burden so that you can focus on taking care of yourself and your family as you grieve your loss, we are here to serve you. We are dedicated to making the process of pursuing a wrongful death case for the loss of your loved one less stressful for you. Come talk with us about your case in a free consultation. You will not pay attorney fees unless we recover compensation for you.
What is wrongful death?
Wrongful death is a civil action which is initiated by the representative of the estate of a person whose death was a result of the wrongful act, omission, or negligence of any person. The Alabama Code says that a wrongful death claim in Alabama serves to recover damages for a death caused by the wrongful act, omission, or negligence of any person, persons or corporation. AL Code § 6-5-410 (2018)
If the decedent died because of a criminal act, the wrongful death claim has no bearing on the outcome of the criminal case, or even if there was no criminal case.
What are some examples of wrongful death accidents?
Wrongful death can occur in as many ways as a person might become seriously injured such as:
Who can file a wrongful death claim in Alabama?
Alabama has some unique rules associated with a wrongful death claim. In many other states, a wrongful death claim is filed by the family members of the deceased to recover compensation for the loss of their loved one. In Alabama, only the representative of the deceased’s estate may file a wrongful death claim.
What damages are available in a wrongful death claim?
In Alabama, the only damages available in a wrongful death claim are punitive damages. Alabama law makes no allowances for compensatory damages when a person dies because of the negligence of another. The intention of punitive damages is to punish the defendant for his or her actions, and to serve as a deterrent against similar behavior in the future.
Rather than being paid to the decedent's estate where it could be taken to satisfy debts of the estate, the amount of punitive damages the jury decides is appropriate gets distributed to the heirs at law according to the statute of distributions.
What is the time limit for filing a wrongful death claim?
The legal time limit for a legal action is the statute of limitations, which is two years from the date of death to file a claim.
How can a Huntsville wrongful death attorney help my case?
Many people do not want to consider filing a lawsuit after the tragic death of a loved one. But if you want to obtain justice for him or her, if you want to make sure that the party responsible for your loved one’s death takes responsibility, and if you want to deter the responsible party and others similar to the responsible party from causing future harm, then filing a civil claim is your only option.
A compassionate Huntsville wrongful death attorney from Martin & Helms will represent your interests in proving that the defendant's act or failure to act was the cause of your loved one's death. We investigate the incident, we gather evidence, interview witnesses, and we handle all of the behind the scenes work required to prepare a compelling case either for settlement or for trial. We are here to protect your right to recover a fair settlement or jury verdict for the loss of your loved one.
How does a wrongful death lawyer get paid?
Unlike other legal areas of practice, wrongful death lawyers take cases on contingency. So, instead of paying a large retainer fee at the outset of a case and before the lawyer does any work, injury lawyers advance the costs to pursue a case and we recover our attorney fees and other costs as a percentage of the amount we have been able to recover for you. You will not pay anything in attorney fees if we are unable to recover compensation for you.
If you have lost a loved one in an accident caused by someone else’s negligence, we are here to pursue justice in the form of civil damages for you. You are welcome to schedule a free consultation to discuss your case right away.
Work with our knowledgeable Huntsville Alabama wrongful death attorneys today
When you have lost a loved one because of someone else’s negligence, the trusted Huntsville wrongful death lawyers at Martin & Helms are ready to fight for justice for you. Please feel free to give us a call at 256-539-1990 or complete our contact form to schedule a free consultation to discuss your case and learn about your legal options. We also serve injured clients in Decatur, Athens and Madison, and throughout Alabama.