Losing a loved one in Mobile, Alabama due to someone else’s negligence or wrongful act is devastating. A wrongful death claim allows surviving family members to seek compensation for their loss. For those who are looking for a wrongful death attorney, Mobile residents can count on Fuquay Law Firm to hold those responsible for this tragic incident fully accountable.
Who Can File a Wrongful Death Lawsuit?
Not everyone can file a wrongful death claim. The eligibility varies by state, but generally, the following parties may be entitled to seek compensation:
- Spouse of the deceased
- Children of the deceased
- Parents of a minor child
- Legal representatives or estate administrators
In Alabama, the rules for filing a wrongful death lawsuit are more restrictive. Only the personal representative or executor of the deceased person’s estate can file a claim. This individual is typically named in the deceased’s will or appointed by the probate court if no will exists.
Family members such as spouses, children, or parents cannot file the lawsuit directly unless they have been appointed as the estate’s personal representative. Additionally, Alabama law only allows for the recovery of punitive damages in wrongful death cases, rather than compensatory damages, with the aim of punishing the wrongdoer and deterring similar future actions. There is no cap on these punitive damages in Alabama wrongful death cases.
Common Causes of Wrongful Death
Wrongful death cases arise from various incidents, including:
- Car Accidents: Reckless or negligent driving, DUI-related crashes.
- Medical Malpractice: Errors during surgery, misdiagnosis, medication mistakes.
- Workplace Accidents: Industrial accidents, unsafe working conditions.
- Defective Products: Malfunctioning machinery, unsafe consumer goods.
- Criminal Acts: Assaults, violent crimes leading to fatal injuries.
Proving Liability in a Wrongful Death Case
To succeed in a wrongful death claim, you must prove the following elements:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant violated this duty through negligence or misconduct.
- Causation: The defendant’s actions directly caused the death.
- Damages: The death resulted in financial and emotional harm to the survivors.
Types of Compensation Available
In most states, compensation in wrongful death cases aims to provide financial relief for the losses suffered by the family, such as:
- Economic Damages: Medical bills, funeral costs, lost income.
- Non-Economic Damages: Pain and suffering, loss of companionship.
- Punitive Damages: In cases of gross negligence or intentional harm, courts may award additional damages to punish the defendant.
As discussed earlier, Alabama’s rules are different from most other states. As such, a wrongful death attorney in Mobile will only be able to seek punitive damages for your claim. This makes it all the more important to ensure that you are working with an attorney who thoroughly understands Alabama law and has the experience to successfully pursue your claim.
Statute of Limitations for Wrongful Death Claims
Every state imposes a deadline for filing a wrongful death lawsuit. In Alabama, the statute of limitations is generally two years from the date of death. Failing to file within this period may result in losing your right to seek compensation.
Steps to Take After a Wrongful Death
If you suspect wrongful death, take the following steps:
- Gather all medical records, accident reports, and witness statements.
- Contact a Wrongful Death Attorney Mobile to evaluate your case.
- Avoid discussing the case with insurance companies without legal guidance.
- Preserve all evidence, including photographs and correspondence.
Wrongful Death vs. Personal Injury Claims
| Factor | Wrongful Death Case | Personal Injury Case |
| Plaintiff | Surviving family members or estate. In Alabama, only the personal representative of the estate. | Injured individual |
| Compensation | Covers loss of life, emotional distress, and financial losses – but only punitive damages in Alabama | Covers medical expenses, lost wages, and pain and suffering |
| Defendant’s Role | Their actions led to a fatality | Their actions caused injury, but not death |
Challenges in Wrongful Death Cases
Wrongful death claims can be complex due to:
- Proving negligence or liability.
- Dealing with insurance companies that attempt to minimize payouts.
- Emotional toll on the grieving family.
- Overcoming a higher Alabama standard of punitive damages.
This again is why hiring an experienced attorney can significantly improve your chances of a successful claim.
Contact Our Seasoned Mobile, AL Wrongful Death Attorneys
Mobile area residents who lose a loved one due to someone else’s negligence have to go through immense suffering due to the suddenness and senselessness of the incident. However, a wrongful death claim can help provide financial security and justice. If you need legal guidance, consulting a Wrongful Death Attorney (Mobile) at Fuquay Law Firm can be the first step toward seeking the compensation and accountability you deserve. Don’t wait—act now to protect your rights and secure your family’s future.
