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Wrongful Death

Wrongful death claims are those claims that a person can file following a death caused by the misconduct of another person or entity. That misconduct can be an intentional act or omission or it can be the negligence of another person or corporation that results in the death of a party. The law allows for the survivors of a deceased, including, generally, their spouse or children, to obtain compensation for such a wrongful death.

The purpose of wrongful death laws is to allow the survivors left behind when a person is wrongfully killed to recover damages for their loss. Generally, a person’s estate is entitled to recover the future value of those things the deceased would have amassed had their death not have been wrongfully caused. Additionally, medical and funeral bills may usually be recovered by the estate or by a survivor who has paid or been compelled to pay them.

There are many different kinds of accidents that can lead to a wrongful death. The most common are car accidents, truck accidents, medical malpractice, defective drugs or products, and workplace accidents. Any of these accidents may provide a reason to file a wrongful death lawsuit.

In a wrongful death lawsuit, your lawyer is required to prove that the death was caused by the negligence of another person or entity. Additionally, it must be proved that the surviving relatives of the deceased have suffered financial losses as a result of the death. And finally, a personal representative of the deceased person’s estate (who is called the executor or administrator) must authorize the bringing of a suit.

In wrongful death lawsuits, lawyers representing the family and estate of the deceased may recover money to reimburse:

• Medical Bills
• Funeral Expenses
• Loss of Companionship
• Loss of Earnings the Deceased Would Have Made If They Had Not Been Wrongfully Killed

If a defendant has acted in outrageous manner, punitive damages may also be awarded. Punitive damages are not necessarily awarded in every case. When they are awarded, although the victim receives the money, they are designed to punish defendants who have acted outrageously as opposed to compensating the victim.

Every state has a statute of limitations or period within which a wrongful death lawsuit must be filed. In Alabama, that time period is two years from the date of death. If this deadline is not met, any lawsuit that could have been brought will be barred from being brought forever. If you believe a loved one of yours was wrongfully killed, you should contact an attorney immediately so they can evaluate your potential claims and advise you as to whether a wrongful death lawsuit would be appropriate in your case.

As Attorney General, Troy King comforted many grieving families. Then, as now, he understands that, following such a loss the loved one left behind often feel an overwhelming sense of grief and loss. Those feelings are only intensified when that loved one’s death was senselessly and needlessly caused by the wrongful or negligent actions of another person or company. While money is no substitution for the loss of a parent or child, the sense of justice that comes from holding those whose actions needlessly took the life of another can be an important part of a family’s quest for peace. Financial burdens to pay expenses left behind to adequately provide in a manner commensurate with the way the deceased would have provided had they lived, are important reasons to file (and are some of the objectives) of a wrongful death lawsuit.

At the Law Offices of Troy King, we continue to operate pursuant to a simple principle laid out by Troy King as Attorney General, “It is not our job to simply pursue justice on behalf of those who have been hurt and injured and killed, it is our job to catch it and deliver it to those family members left behind.” We stand ready to assist you in understanding your rights and in determining whether there are appropriate grounds to file a wrongful death lawsuit. Contact us today.

To determine if your loved one’s death might entitle one or more of their beneficiaries to compensation, call an attorney at the Law Offices of Troy King toll-free at (855) 335-8769 or click here to complete a free case evaluation form.