Birmingham, AL Wrongful Death Attorney
Hearing the news that a loved one has unexpectedly died can be one of the worst experiences of your life. The news is even harder when you suspect someone’s negligence played a part in the death. When you believe proper care may have prolonged your loved one’s life, it can be impossible to grieve properly. Unfortunately, negligence and carelessness cause more deaths than you may think.
At The Mitchell Law Firm, LLC, our Birmingham wrongful death lawyers are passionate about defending the rights of those who can’t defend themselves. Losing a loved one is devastating under any circumstances, but losing someone in an accident can come as a terrible shock. If you have concerns about the death of your loved one, contact our experienced wrongful death attorneys in Birmingham, AL to discuss your case.
What is Wrongful Death?
Any form of neglect or abuse that results in someone’s death is wrongful death. In Alabama, the law defines wrongful death as one that the wrongful act, negligence, or omission of another person caused. Wrongful death lawsuits can come in many shapes and forms, from medical malpractice, death at work, criminal activity, defective products, nursing home abuse, negligence-related car accidents, truck accidents, pedestrian accidents, bicycle accidents, and motorcycle accidents.
The type of wrongful death our firm sees the most in Birmingham is due to medical malpractice. Medical malpractice can take the form of misdiagnosis, medication error, surgical error, or patient neglect, resulting in injury or death. To prove medical malpractice caused a wrongful death, the plaintiff needs prove a health care professional was negligent in his or her duties.
If you’re unsure of whether your loved one’s passing is a case of wrongful death, ask yourself if someone else’s action or inaction caused the death. If a death occurred during a supervised activity, such as a child on a playground, you may have grounds for a wrongful death lawsuit.
Damages in a Wrongful Death Lawsuit
In a wrongful death lawsuit, the plaintiff receives compensation the jury measures by pecuniary injury. Pecuniary injury refers to the financial losses the surviving family members face, including loss of support, services, inheritance, and the costs of a funeral. The damage award will usually include interest, built from the day of the deceased person’s death.
To determine pecuniary loss, the jury will look at the age, life expectancy, and earning capacity of the deceased person. This can become complicated, since the jury has to calculate the person’s potential earnings as well as intangible losses such as loss of parental guidance. To better your chances of winning suitable compensation for a wrongful death, your Birmingham, AL wrongful death lawyer will hire an expert witness (i.e., an economist) to establish a tangible fiduciary loss.
Legal Help From a Birmingham, AL Wrongful Death Lawyer
The Mitchell Law Firm, LLC wrongful death attorneys in Birmingham, AL know how distraught you may be over your loved one’s wrongful death. You shouldn’t have to worry about filing a claim or navigating a complex wrongful death lawsuit on top of dealing with your loved one’s passing. Instead, hire a wrongful death lawyer in Birmingham to take care of communications with insurance companies, filing a claim with the courts, filling out paperwork, conducting mediation, and a managing a trial.
If you have reason to believe your loved one’s death was the result of someone else’s negligence, whether it was in a hospital or a car accident, contact our lawyers for a free consultation. We understand how devastating a death in the family can be and how the last thing you want on your plate during this grievous time is having to make decisions about litigation. However, your decision to file a lawsuit may protect someone else’s loved one, and our team can make this process as painless as possible. We’re here to provide a sense of comfort and support during this tough time. When wrongful death is a possibility, you need experienced legal help.