Mobile Wrongful Death Lawyer

Seeking Justice for Victims of Mobile Wrongful Death Incidents

Losing a loved one in a wrongful death incident is a devastating experience that can leave families feeling lost and overwhelmed. If you have lost a family member due to the negligence or misconduct of another party, you may be entitled to compensation.

The attorneys at Lattof & Lattof, P.C., have almost 50 years of combined experience fighting to bring justice for injury victims and their families. Our Mobile wrongful death lawyer is dedicated to providing compassionate support and aggressive representation for families seeking justice in these difficult times. Let us handle your case so you can focus on mourning the loss of your loved one. Contact us at 215-850-5528 to discuss your case and learn how we can help you get justice and hold those responsible accountable.

What is a Wrongful Death Claim?

A wrongful death claim is a legal avenue pursued when an individual’s death is caused by another party’s negligence or intentional actions. This type of claim is designed to hold the responsible party accountable while addressing the harm suffered by the deceased’s family. In Alabama, wrongful death claims are unique in that they focus on penalizing the wrongdoer rather than compensating the family for their financial losses. The damages awarded in these cases are punitive, and they are meant to deter similar behavior in the future.

How Does Alabama’s Wrongful Death Law Differ from Other States?

Alabama takes a unique approach to wrongful death cases by emphasizing punitive damages over compensatory ones. While most states focus on compensating families for their financial losses, the main aim in Alabama is to penalize the offender and deter future similar behavior. The damages awarded are based on the severity of the defendant’s conduct rather than the family’s economic losses. This distinction can lead to varying amounts of compensation depending on the case’s specific details.

What Challenges Might You Face in a Wrongful Death Lawsuit?

Wrongful death lawsuits are often complex and present a variety of challenges for families:

Establishing Negligence: Proving that the defendant’s actions caused the death can be brutal, especially if the evidence is limited or contested.

Emotional Strain: Navigating the legal system can be daunting for families who are already dealing with the grief of losing a loved one.

Statute of Limitations: In Alabama, wrongful death claims must be filed within two years of the death. Failing to meet this deadline can result in losing the right to pursue the case.

Insurance Company Tactics: Insurance firms might try to reduce the amount they pay out or reject claims altogether. Having an experienced attorney can help counter these strategies and ensure fair treatment.

What Role Does an Attorney Play in a Wrongful Death Case?

Alabama wrongful death lawyers play a crucial role in handling the intricacies of wrongful death cases, offering advice and advocacy. Here’s how they assist:

Case Assessment: An attorney evaluates the circumstances of the case to determine its strengths and the potential for success.

Evidence Collection: They gather key evidence, such as witness accounts, professional opinions, and documents, to build a strong personal injury claim.

Legal Strategy Development: Based on the details of the case, an attorney formulates a strategy that may involve negotiating settlements or preparing for trial.

Representation: Attorneys advocate for their clients during negotiations and court proceedings, ensuring their rights are upheld and their case is effectively presented.

What Are the Common Causes of Wrongful Deaths in Mobile, AL?

There are, unfortunately, a wide variety of ways for wrongful deaths to occur in the city of Mobile. A short sampling of some of the most common causes of accidental or negligent killings in the Azalea City would include:

Medical Malpractice

When Mobile residents check in to a hospital or medical clinic, they expect to receive the treatment they need to remedy their health issues. Unfortunately, it is not unusual for doctors, nurses, surgeons, and other medical professionals to make mistakes that ultimately cost these patients their lives.

Auto Accidents

Every year, hundreds of people get into car, truck, and motorcycle accidents on the streets and highways around Mobile. If these crashes occur at low speeds, drivers and passengers typically escape with relatively minor injuries. Unfortunately, when traffic collisions happen at high speeds, people often lose their lives.

Workplace Accidents

Accidents leading to the death of an employee or contractor occur with a frightening degree of regularity in Alabama workplaces. This issue is particularly prevalent on construction sites, in factories, and on farms.

Slip and Fall Accidents

When Mobile residents fall from elevated locations, like roofs and ladders, they often pass away as a result of their injuries. This is particularly true if their accident causes them to land awkwardly on their head or neck.

Nursing Home Abuse and Negligence

Nursing homes are supposed to be places where the elderly and vulnerable can live out their lives in peace. Unfortunately, the staff at these facilities are often unsupervised and improperly trained. As a result, residents often pass away due to negligence or abuse.

No matter what caused your loved one’s passing, you can count on our experienced wrongful death lawyers in Mobile to help you fight for financial restitution. When you are ready to get started, just give us a call or contact us online.

What Compensation is Available in Alabama Wrongful Death Lawsuits?

In most states, the amount of compensation paid out to families after their loved one’s death is directly tied to their financial loss. They may, for instance, receive financial restitution for funeral costs, lost income, or medical costs.

The legal process in Alabama works a little differently. Here in the Yellowhammer State, grieving families may only recover punitive damages from the person, business, or government entity that was responsible for the death of their spouse, parent, or child.

In Alabama courtrooms, juries are explicitly told that the amount of compensation awarded to the family of the deceased person should be related to the extent of the defendant’s wrongdoing. The more reckless, careless, or negligent the defendant was, the larger the plaintiff’s payout ought to be.

The cap on punitive damages in the state of Alabama is currently set at $1,500,000 – meaning grieving families can receive any amount of compensation up to that figure.

Who Can File Wrongful Death Suits in Alabama?

When an individual is killed in an accident in Alabama, their personal representative (the executor of their estate) has the right to bring a wrongful death lawsuit on behalf of the heirs. The identity of the decedent’s representative is typically outlined in their will.

If the deceased person did not leave a will, one of their direct heirs – generally a spouse or child – can serve as their estate’s executor. If the decedent does not have any surviving direct heirs, Alabama law states that the following parties (in order) may be named as their personal representative:

A relative of the deceased person that is entitled to share in the distribution of the estate
The decedent’s largest Alabama-based creditor
An individual who is appointed by the probate judge

Any damages recovered through a wrongful death suit must be held by the personal representative and distributed to all eligible parties.

If you have been named the executor of a loved one’s estate and need a knowledgeable attorney to help you file a wrongful death lawsuit, please do not hesitate to contact the Mobile, AL office of Lattof & Lattof, P.C. You can reach us by phone or by sending us a message online.

What is the Statute of Limitations for Wrongful Death Suits in Alabama?

In the state of Alabama, the statute of limitations for most wrongful death lawsuits is two years. This rule means that families who lose loved ones in accidents in Mobile must begin pursuing compensation before the second anniversary of their death. Should they fail to do so, they may lose their right to restitution.

People who wish to file a wrongful death suit against a government entity, such as the city of Mobile, must adhere to an even tighter deadline. They are required to submit a written claim notice within six months of their loved one’s passing.

Do you need some help filing a wrongful death claim before your statute of limitations expires? If so, please call the law offices of Lattof & Lattof, P.C., today. We are always available to assist our friends and neighbors here in Mobile.

How Do You Prove Negligence in a Wrongful Death Case?

To prove negligence in a wrongful death case, the defendant’s actions—or failure to act—must have directly led to the death. This process involves demonstrating four essential elements:

Duty of Care: It must be shown that the defendant had a legal obligation to act in a way that ensured the deceased’s safety. For instance, motorists are required to follow traffic regulations to ensure the safety of everyone using the road
Breach of Duty: Evidence is needed to demonstrate that the defendant violated their duty, such as through reckless driving, medical negligence, or failure to maintain safe conditions
Causation: It is essential to establish a clear connection between the duty breach and the resulting fatality. This often involves analysis or testimony to support the claim
Damages: The death must have caused measurable harm, such as loss of companionship, emotional suffering, or financial difficulties for surviving family members

How Can You Prepare for a Consultation with a Wrongful Death Lawyer?

Preparing thoroughly for a consultation with a wrongful death attorney can help you make the most of the meeting. Here’s how to get started:

Gather Evidence: Bring documents such as police reports, medical records, and any photos or videos of the incident
Record Damages: Keep track of expenses related to the death, including funeral costs, medical bills, and lost income
List Questions: Write down questions about the legal process, potential outcomes, and how the attorney can assist with your case
Be Transparent: Provide a complete account of the events surrounding the death. Honesty is key to building a strong case

How Our Law Firm in Mobile Can Help You with Your Wrongful Death Case

At Lattof & Lattof, P.C., we firmly believe that families who lose loved ones in negligent or reckless accidents should always be fully compensated for their loss. When you hire a Mobile personal injury attorney at our firm, we will help you fight for the financial restitution you deserve by:

Searching for Evidence to Help Your Case

Recovering compensation after a wrongful death is, unfortunately, not as simple as just filing a claim and waiting for a check. Before you can receive any financial restitution, you will need to prove that:

The other party owed your loved one a duty of care
The other party’s negligence breached that duty of care
This breach of duty caused your loved one’s death

As part of your efforts to prove these three points, you will need to present the court and the insurance company with plenty of relevant evidence. When you hire our Mobile wrongful death attorneys, we will help you search for that evidence.

Processing Paperwork on Your Behalf

The journey to recovering compensation after a wrongful death in the state of Alabama is filled with paperwork. In an average case, the plaintiff will need to formally file suit with the court, submit requests for medical records from hospitals, and much more. The workload can quickly become overwhelming.

When you work with the law firm of Lattof & Lattof, P.C., you won’t need to spend the weeks and months after your loved one’s death filling out legal documents. Our team of experienced attorneys, paralegals, and administrative assistants will handle it all on your behalf.

Negotiating a Settlement with the Other Party’s Insurer

Depending on the circumstances surrounding your family member’s death, the at-fault party’s insurance company may not want to take your lawsuit to trial. Instead, they might prefer to resolve the matter by sitting down and negotiating a wrongful death settlement deal.

The attorneys here at the law firm of Lattof & Lattof, P.C., have been negotiating settlement deals with insurers in the state of Alabama for many years. During that time, we have learned many of the best tactics and techniques to use to persuade them to open up their pocketbooks and make more generous offers. When you hire us, we will work tirelessly to try to land you and your family a fair settlement deal.

Choosing the right law firm is critical to achieving a favorable outcome. Lattof & Lattof, P.C., brings almost 50 years of combined legal experience to every case, providing compassionate and skilled representation to families in Mobile, Alabama. Our team is dedicated to holding wrongdoers accountable and ensuring justice is served. We offer personalized legal guidance and a strategic approach tailored to each case. Contact us at 215-850-5528 for a free consultation and let us help you navigate this challenging time.