Nothing can prepare you for the loss of a loved one, but when someone else’s negligence is the cause of death, a very difficult situation can become so much worse. Wrongful death is when someone receives serious injuries that lead to their death due to the negligence of someone else and through no fault of their own. It may be a car accident, large truck accident, or even an industrial accident. But the result is that someone is killed in that setting, and it isn’t their fault.
Families of wrongful death victims can often receive money damages for the loss of their family member. These damages include lost income and pain and suffering. The court can also award compensatory and/or punitive damages. Compensatory damages pay for things like medical bills, property damage, etc. While punitive damages are awarded to deter companies or individuals from the unsafe practices that caused this accident. All wrongful death cases are senseless and should not have happened, and there is no amount of money that can bring that loved-one back, but at least in many cases the family can be taken care of.
Typically, there is no intent to kill in a wrongful death case. A wrongful death case will be a civil suit filed by the victim to recover money damages from the at-fault party. Typically you can’t sue for a murder, but there may be instances where you have a criminal and civil case for the same incident. Manslaughter and murder are criminal charges would be brought against responsible parties by the district attorney's office. These are court cases that determine if the at-fault-party will experience jail time.
In Alabama, you’re required to have a lawyer involved to file a suit in a wrongful death situation. That’s why it’s crucial to find a lawyer that handles this type of case as soon as you can after the accident resulting in the death of your loved one. There is important evidence that becomes increasingly difficult to obtain the longer you wait after the accident. The plaintiff must be able to prove that a company or individual was negligent, and in other words, they had a duty to provide a safe environment, and if they failed to do that, then the family is owed compensation for their loss.
The lawyers at Greene & Phillips will thoroughly investigate the facts of the case, by talking to witnesses, recovering any surveillance footage, and reconstructing the accident scene through sophisticated software. We’ll work closely with local law enforcement and prosecutor’s office to gather the information we need to make your case strong. We then we go after the responsible parties and make them pay. At Greene & Phillips, the consultation is completely free and there is no risk. You won’t owe us anything unless we get money for you.
If you have further questions, call our office at (251) 300-2000, or stop by our office at 51 North Florida Street anytime.