Athens Wrongful Death Attorney

Athens Wrongful Death Lawyer

You would do anything for your loved ones, and they would do anything for you. But when you lose a loved one because of another party’s wrongful actions, who can you turn to?

At Blackwell Law Firm, we understand that nothing can fully heal the wounds of loss. Your next steps may seem foggy and complex, but we will stand by you throughout the grieving process. When the time comes, we will guide you in making a wrongful death claim.

Alabama’s wrongful death law is difficult to navigate, and your family doesn’t need this additional stress in the wake of loss. Blackwell Law Firm ensures that you aren’t alone. Our award-winning wrongful death lawyers in Athens, Alabama know that an unexpected death can leave you grief-stricken. So, we work tirelessly to earn you proper damages.

We fight for you as we would for our own family. You receive 100% of our attention and resources—you deserve nothing less. For a free consultation, call our Blackwell Law Firm’s Athens office at (256) 867-0061.

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What Is a Wrongful Death Claim Under Alabama Law?

When you hire a lawyer for an Alabama wrongful death case, be sure they understand the process. Blackwell Law Firm’s Athens wrongful death attorneys have educated other attorneys about these laws for years, and we know these cases can’t be handled like most personal injury cases.

Wrongful death is defined as death from someone else’s faulty actions, omissions, or negligence. Alabama families can only recover punitive damages for a wrongful death, not compensatory damages. This is because Alabama’s Supreme Court stated that wrongful death damages are intended to punish wrong actions and protect human life rather than compensate others for financial losses.

What does this mean for you and your family? This means your case will need to be properly prepared for court. You need a lawyer who understands Alabama’s unique wrongful death laws and how to prepare your case for the maximum compensation. Blackwell Law Firm has extensive experience in the courtroom—we will prepare you for all the necessary procedures. But don’t worry, we’ll do the heavy lifting and work tirelessly to represent you.

Accidents That Can Lead to a Wrongful Death

A wrongful death can occur in several situations, and many parties can be liable. When you schedule a free consultation with Blackwell Law Firm, we can identify whether your case qualifies as a wrongful death and who should be held responsible. Examples of liable parties include:

  • Individuals
  • Employers or Employees
  • Companies
  • Government Agencies

Is A Wrongful Death Lawsuit Criminal Or Civil?

Wrongful death lawsuits are filed in civil courts. This means that the party responsible will not face criminal charges or jail time in your lawsuit but will instead be responsible for paying damages. These damages are paid to the deceased person’s heirs. We understand the complicated rules related to these claims and how damages are distributed to the deceased person’s family members.

Again, these damages are strictly punitive. Family members will not receive compensation for lost wages, medical bills, funeral expenses, or related costs, but will instead receive damages based on the severity of the other party’s actions. Because of that, your lawyer must approach the case and its preparation differently from normal personal injury claims.

Who Can File a Wrongful Death Claim in Athens, AL?

Alabama law differs from most states’ laws, giving the power to file a wrongful death claim to the executor or personal administrator of the deceased person’s estate. The executor should be named in the deceased’s will, but if no one is named, the court will decide who serves as executor.

An executor manages a person’s estate and assets after death, but this executor is not always a family member. So, even if you are an immediate relative of the deceased, you may not be the one filing a wrongful death claim. Regardless of who files the claim, any recovery should be properly distributed to the heirs according to Alabama law.

Why Choose Blackwell Law Firm

Blackwell Law Firm is unique among Alabama law firms, serving a small pool of clients so we can focus 100% of our attention and resources on your case. We prepare every case for the courtroom, giving us unparalleled experience in filing wrongful death cases. Our philosophy is that hard work and preparation lead both to better trials and better settlements.

Our experience has long been recognized by SuperLawyers, The National Trial Lawyers Top 100, and The Million Dollar Advocates Forum, and we’ve been asked to teach fellow attorneys about the intricacies of wrongful death and personal injury law. Our lawyers regularly speak and teach on important personal injury and wrongful death topics.

Among the personal injury law firms in Athens, Alabama, we are one of the most trusted and hard-working. Every day, we exercise our resources on your behalf, building a case that maximizes your chances of success. Though we serve a small number of clients, we produce big results, having earned millions of dollars in damages.

During the wrongful death process, your well-being remains top of mind. Making a claim can feel strange, and it may cause unexpected emotions to overwhelm you. We completely understand your struggle. We will always be there when you need us. With our firm, you will be informed and prepared at every step of the process.

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Elements that Prove a Wrongful Death Case

If the following conditions are present, then a wrongful death can be proven:

  • The at-fault party had a duty to protect the deceased. For example, a forklift operator must protect coworkers from injury.
  • The at-fault party failed to uphold their duty. The forklift operator recklessly drove the forklift.
  • The failure to uphold this duty led to a death. The forklift operator’s reckless driving resulted in a coworker being hit in the head.

Wrongful Death Compensation

Alabama law states that heirs may not be awarded compensatory damages (covering things such as funerary costs, medical bills, or lost wages) after a wrongful death, but can instead receive punitive damages. This means that the at-fault party is financially punished for their wrongdoing.

Alabama does not limit the amount of punitive damages that may be awarded, but it takes an experienced Athens wrongful death attorney to earn you higher compensation. If your attorney can prove that the at-fault party’s actions were severely destructive, you will likely receive more punitive damages. Because of this, you need a lawyer who is experienced at investigating every detail so the at-fault party is fully punished financially.

When Alabama courts determine punitive damages, they aim to prevent similar wrongful deaths in the future. So, the higher the damages, the more regrettable the incident is in the eyes of the law.

Statute of Limitations on Wrongful Death Claims in Athens

An Alabama wrongful death claim must be filed within two years of the incident. If a claim is filed beyond that point, it will likely be dismissed. It’s recommended that you file a wrongful death claim as soon as possible. Like other personal injury cases, time can be important in discovering key documents, in locating key witnesses, and in preparing key arguments.

Blackwell Law Firm can help you file a claim promptly, but we’ll ensure it isn’t rushed. We’ll build strong evidence in a quick window, greatly increasing your chances of success in court. We will prepare your case fully with the goal of obtaining the maximum compensation for you.

Alabama Has Strict Laws Limiting Wrongful Death Damage Types

Before you pursue a wrongful death lawsuit, remember Alabama’s stance on wrongful death damages. Alabama only allows heirs to receive punitive damages in these cases. Compensatory damages, which might cover medical bills and lost wages, cannot be awarded. The amount of punitive damages will depend on the severity of the at-fault party’s actions, which an experienced wrongful death lawyer can demonstrate and maximize..

Call an Experienced Athens Wrongful Death Lawyer Today

Blackwell Law Firm is one of the most respected personal injury law firms in Athens, Alabama. We’ve gained our reputation by demonstrating superior knowledge and experience in the courtroom, and we’re ready to help you next.

Wrongful death lawsuits require careful examination of Alabama law, but they also require a great deal of mental and emotional fortitude. You are going through a deeply stressful time, and it’s our job to alleviate as much of this stress as possible. We will stand by you every step of the way, guiding you through a complex legal system on the way to justice.

Don’t settle for a law firm that keeps you in the dark and only checks on you when convenient. Blackwell Law Firm’s Athens wrongful death attorneys immerse themselves in every case, working tirelessly to bring the results you deserve.

If you recently lost a loved one to a wrongful death, we’ll hold the at-fault party responsible. For a free case evaluation, call Blackwell Law Firm at (256) 867-0061 or contact us online.

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