We understand that the death of a loved one is devastating, and this fact is only compounded when that death was needless and preventable: the result of someone else’s wrongful actions.
The Huntsville, Alabama Wrongful Death Attorneys at Martinson and Beason, P.C. have the experience and understanding to handle these sensitive matters and can assist families in getting the compensation they deserve and need for the loss of their family member.
If your friend or loved one died as a result of the wrongful conduct of another, it’s important that you consult with an experienced Alabama wrongful death lawyer about a wrongful death lawsuit immediately.
A wrongful death lawsuit is a claim that is brought when someone is killed as a result of another’s negligence, wantonness or wrongful conduct. Wrongful death cases can encompass a wide range of areas, including: car accidents, truck accidents, motorcycle accidents, products liability, nursing home neglect and abuse, and various other scenarios where someone dies as a result of the negligence or carelessness of another.
The proper party to bring a wrongful death lawsuit in Alabama is the administrator of the decedent’s estate. This means that, in order to bring a wrongful death claim in Alabama, an estate must be set up. A wrongful death claim in Alabama is brought pursuant to Alabama Code § 6-5-410. Alabama’s wrongful death statute is unique in that it only allows punitive damages to punish the wrongdoer and does not allow for recovery of compensatory damages. Any damages recovered under Alabama’s wrongful death statute passes outside of the estate and are not subject to the payment of debts or liabilities of the decedent.
The statute of limitations, or time for filing a wrongful death claim, in Alabama is generally two years from and after the death of the decedent. If the case involves a claim against a city or county, a notice of claim also has to be filed prior to filing suit. In the case of a city, a notice of claim has to be filed within 6 months of the incident giving rise to the suit, and in the case of a county, the notice of claim has to be filed within one year of the incident giving rise to the suit. Because of this small window of time when filing, it’s critical that an experienced Alabama Wrongful Death Lawyer be contacted immediately to preserve evidence, conduct a through investigation, and set up an estate.
Our Alabama wrongful death lawyers handle all wrongful death cases on a contingency fee basis, which means we do not charge you a fee until and unless we make a recovery for you.
If your loved one died as a result of the wrongful conduct of another contact our experienced and dedicated wrongful death attorneys. The evaluation is free and confidential.
Email us or call us at (256) 533-1667.