Call John Brinkley Your Wrongful Death Lawyer

“Wrongful death” is a legal term that may seem paradoxical, but it refers to any death resulting from an accident. It’s important to understand that Alabama’s approach to these cases is unique and can be quite complex. In fact, some attorneys in the state may not even handle wrongful death claims. This complexity emphasizes the necessity of choosing your legal representation wisely. Consider reaching out to John Brinkley, an experienced wrongful death attorney, to gain an understanding of your rights.

Alabama’s Unique Treatment of Wrongful Death

Unlike other states that focus on supporting the surviving family members, Alabama’s system is designed to penalize the wrongdoer. After losing a loved one, the compensation you receive is not intended for personal gain; rather, it serves to punish the person responsible for the injury, with the hope of deterring similar actions in the future.

This may sound unusual, and indeed, the unique aspects of Alabama’s wrongful death laws can be surprising and leave you with many questions.

In many other states, the family of a person killed in an auto accident can sue for compensation to cover what that person would have contributed to the family income, such as the costs of raising children or paying rent. However, that is not the case in Alabama.

Contrary to what you might have heard from relatives in other states, Alabama’s wrongful death laws do not allow for compensatory damages. This means you cannot seek compensation for medical bills, funeral expenses, lost income, emotional distress, or loss of companionship.

You might be surprised to learn that Alabama attorneys sometimes go to great lengths to argue that when an accident occurs near the state line that it actually happened in Tennessee, Mississippi, Georgia, or Florida. This can mean a difference of thousands or even millions of dollars for surviving family members.

No matter where the accident happened, there are ways to secure the financial support you need, although it can be quite tricky.

Only One Person Can File a Wrongful Death Lawsuit

Another unusual aspect is that only the personal representative (usually named in a will) can file a lawsuit in Alabama. Unless this person is a family member, no other relative can pursue the case.

A lawsuit can be pursued even if there is no criminal case against the wrongdoer. In fact, you can pursue a wrongful death case even if the wrongdoer is found not guilty in a criminal trial.

Who Receives The Compensation?

The compensation awarded in a wrongful death lawsuit does not automatically go to the people named in the deceased’s will. Instead, it follows a hierarchy dictated by intestacy laws, which apply as if the deceased had died without a will. This means that even a relative you dislike could end up receiving a portion of the funds.

Time Limits

There are strict time limits for filing a wrongful death lawsuit. Therefore, if a family member dies as a result of an accident, I recommend consulting an Alabama personal injury lawyer with experience in wrongful death cases as soon as possible. Generally, you have two years to file a claim. However, if your claim is against a governmental agency, the time limit is much shorter.