Wrongful Death Attorney

If you feel that you may have a wrongful death case due to the recent death of a loved one, contact wrongful death attorney Jim Fleenor today for a free, confidential consultation. You pay nothing unless and until you recover.

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What does wrongful death mean?

Wrongful death generally refers to legal action for the wrongful conduct which causes someone’s death. The death generally would not have occurred except for that conduct, which can be an act or omission

 

What is a wrongful death lawsuit?

A wrongful death lawsuit is one brought against an individual or company whose wrongful act or omission caused the death of another.

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What constitutes wrongful death?

Wrongful death is one caused by conduct that is negligent, intentional, reckless, or wanton.

 

What are wrongful death examples?

Wrongful deaths can occur in car accidents, such as those caused by drunk drivers, defective signage or roadways, road construction, inadequate warnings of dangerous conditions, texting while driving, excessive speed, reckless driving, improper loading, and driving while impaired or other negligent acts while driving.

 

Wrongful death actions can similarly occur with truck accidents and 18-wheelers. Wrongful death actions can also occur on a worksite, where there are inadequate safety devices or dangerous conditions.

 

They can also occur as the result of electrocutions, falling objects, poor design, faulty construction, removal of safety features, and defective products.

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What are wrongful death damages?

In Alabama, the only damages awarded in a wrongful death action are punitive damages. Punitive damages are those which seek to punish the wrongdoer enough to deter similar conduct in the future.

 

These damages do not consider the age or financial condition of the person who dies. Likewise, they do not consider the financial impact of that person’s death on others, such as surviving family.

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Can family sue for wrongful death?

Wrongful death lawsuits are generally brought by a legal representative of the deceased person’s estate or the person charged with administering the estate of the deceased, which can be the personal representative, executor, or administrator of the estate. But the person will generally need to be appointed by a probate court.

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How are wrongful death settlements paid out?

Wrongful death lawsuits are not paid through the deceased person’s estate, but the funds recovered or paid in a wrongful death action are paid to those who would inherit from the decedent’s estate.

 

There is a statute in Alabama that sets forth how such funds are to be distributed.

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How much can I sue for wrongful death?

The damages awarded in a wrongful death lawsuit depend on many factors, including the following:

• Egregiousness of the conduct

• Financial wherewithal of the person or entity causing the death

• Whether there was any other punishment for the death

• Whether the death could have been prevented

• Motives behind the conduct which caused the death

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What is the difference in wrongful death and medical malpractice?

Medical malpractice occurs when a medical care provider’s conduct is less than the standard of care, causing damage or injury to a patient.

 

Wrongful death occurs in many situations outside of the care provided by a physician or nurse. It can occur in virtually any circumstance in which a death can occur.

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What is the difference in wrongful death vs. survival action?

A wrongful death action is one that does not accrue until someone dies. It is brought by a survivor (a legal representative of the deceased person’s estate) for the wrongful conduct which caused the death.

 

A survival action is one that was brought before someone died but which the law allows someone to continue on behalf of the deceased person’s estate. It may or may not be related to the conduct which ultimately caused the person’s death.