Understanding Wrongful Death Claims: A Comprehensive Guide for Families

At Pittman, Dutton, Hellums, Bradley & Mann, P.C., we understand that the loss of a loved one is an incredibly difficult experience. When that loss is due to someone else’s negligence, coping can be even more challenging. Our experienced attorneys, based in Birmingham, Alabama, are here to help you navigate the complexities of a wrongful death claim, ensuring that your family’s rights are protected and that you receive the justice you and your loved one deserves.

‍

What is a Wrongful Death Claim?

A wrongful death claim arises when a person dies as a result of the negligence or misconduct of another individual, company, or entity. This type of claim allows the deceased person's estate and family members to seek compensation for their loss. Common causes of wrongful death include:

• Medical malpractice: Errors made by healthcare professionals that result in death. This can include surgical mistakes, misdiagnosis, delayed treatment, or medication errors.
• Automobile accidents: Fatal crashes involving cars, trucks, motorcycles, or other vehicles. These accidents may be caused by reckless driving, distracted driving, driving under the influence, or poor road conditions.
• Workplace accidents: Deaths occurring due to unsafe working conditions or employer negligence. Examples include construction site accidents, exposure to hazardous materials, and machinery malfunctions.
• Defective products: Fatal injuries caused by unsafe or malfunctioning products. This includes everything from faulty car parts, defective tires, dangerous pharmaceutical drugs, unsafe toys to dangerous household appliances and defective medical devices.
• Premises liability: Deaths resulting from unsafe or poorly maintained property conditions. This can include slip and fall accidents, swimming pool drownings, and inadequate security, leading to criminal acts.

‍

Who Can File a Wrongful Death Claim?

In Alabama, the personal representative of the deceased person's estate typically files the wrongful death claim. This representative is often named in the deceased’s will or appointed by the court if no will exists. While the claim is filed on behalf of the estate, the compensation awarded can benefit the deceased’s surviving spouse, children, parents, or other dependents.

‍

What Damages Can Be Recovered?

Compensation in wrongful death cases aims to cover the financial and emotional impact of the loss. Potential damages include:

• Medical expenses: Costs incurred for treating the deceased before their passing. This can include hospital stays, surgeries, emergency room visits, and any other medical care required due to the incident.
• Funeral and burial costs: Expenses related to the deceased’s funeral and burial. These costs can be significant, adding financial stress to a difficult time.
• Lost income: Compensation for the income the deceased would have provided to their family. This includes current earnings and the potential future income the deceased would have earned.
• Loss of companionship: Damages for the emotional loss suffered by the family members. This encompasses the loss of love, care, guidance, and companionship the deceased provided.
• Pain and suffering: Compensation for the emotional distress and mental anguish experienced by the surviving family members. This recognizes the profound impact the loss has on the emotional well-being of the family.
• Punitive damages: In Alabama, punitive damages may be awarded to punish the wrongdoer for particularly egregious behavior and to deter similar conduct in the future. These damages are designed to hold the negligent party accountable and prevent future negligence.

‍

The Legal Process of a Wrongful Death Claim

The process of pursuing a wrongful death claim involves several steps:

1. Consultation with an attorney: Contacting a knowledgeable wrongful death attorney, like those at Pittman, Dutton, Hellums, Bradley & Mann, is the first step. We offer free consultations to discuss your case and provide initial guidance.
2. Investigation: Our attorneys will conduct a thorough investigation to gather evidence, including medical records, accident reports, witness statements, and expert testimonies. This comprehensive approach ensures all aspects of the case are considered.
3. Filing the claim: We will file the wrongful death claim on behalf of the estate within Alabama’s statute of limitations, which is typically two years from the date of death. Timeliness is crucial in these cases to ensure the claim is valid.
4. Negotiation and settlement: We will negotiate with the responsible parties and their insurance companies to seek a fair settlement. If a satisfactory settlement cannot be reached, we are prepared to take the case to trial. Our goal is to secure the maximum compensation possible for your family.
5. Trial: If necessary, we will present your case in court, advocating for the maximum compensation available under the law. Our experienced trial attorneys will build a compelling case to present to the judge and jury.

‍

Why Choose Pittman, Dutton, Hellums, Bradley & Mann, P.C.?

Our firm has decades of experience in litigating wrongful death cases and recovered hundreds of millions for victim’s families. We understand the profound impact these cases have on families and are committed to providing compassionate, dedicated representation. Our goal is to relieve the legal burdens from your shoulders so you can focus on healing and remembering your loved one.

We approach each case with meticulous attention to detail, ensuring that every piece of evidence is gathered and every possible avenue for compensation is explored. Our commitment to our clients is unwavering, and we work tirelessly to achieve the best possible outcomes.

‍

Contact Us for a Free Consultation

If you have lost a loved one due to someone else’s negligence, you don’t have to navigate this difficult time alone. Contact Pittman, Dutton, Hellums, Bradley & Mann, P.C. at (205) 322-8880 for a free consultation. Let us help you understand your legal options and pursue the justice and compensation your family deserves.

Remember, there is a deadline for filing wrongful death claims in Alabama, so don’t delay in seeking legal advice. We are here to support you every step of the way. Whether it involves negotiating with insurance companies or taking your case to trial, we are prepared to fight for your rights and the memory of your loved one.