Montgomery, Alabama Wrongful Death Attorneys
Helping Alabama families recover after the loss of loved ones
If you have lost a loved one due to the negligence of others, the attorneys at McPhillips Shinbaum, LLP can help your family pursue a wrongful death action against those responsible. Wrongful death lawsuits allow families to hold people or businesses accountable for their negligent or careless actions. These suits are often filed by a person’s estate as part of a catastrophic personal injury case where the defendant has died, including automobile accidents, drunk driving accidents, commercial truck accidents and medical malpractice cases. These suits can also be brought independently after the underlying suit has concluded.
Our attorneys have extensive experience representing clients in wrongful death suits, and they have the knowledge and ability to help your family recover the damages they deserve.
Wrongful death in Alabama
Alabama’s wrongful death statute presents special challenges for litigants. The first challenge pertains to how a wrongful death claim is filed. Wrongful death actions can only be brought by the administrator of the decedent’s estate. What this means for our clients is that your loved one’s estate must already be set up. Many families have conflicts over the distribution of assets when settling the estate, and these battles can prevent them from being able to file a wrongful death action in time. Wrongful death claims have a two-year statute of limitations that begins with the death of your loved one. If the claim is against a city or county, this period of time is even shorter and comes with additional limitations.
The second challenge involves the damages that can be obtained by families in wrongful death suits. Alabama only allows for the recovery of punitive damages in wrongful death suits. These damages are not awarded to compensate the plaintiff for their loss, but instead are awarded to punish defendants for their actions as an example to others. The amount of damages that an estate is entitled to receive is based on how egregious the defendant’s conduct was in causing the death of your family member.
Experienced wrongful death attorneys
Our firm knows how difficult it can be for families to manage these cases while coping with the loss of a loved one. Our attorneys make it their mission to help families overcome the challenges that the Alabama wrongful death statute presents and receive the damages they deserve. Our attorneys have more than 30 years of experience trying wrongful death suits throughout Alabama, and have successfully helped hundreds of clients get the results they needed to move forward with their life.
Get the justice you deserve
If you are interested in filing a wrongful death action, call McPhillps Shinbaum, LLP today at 334.262.1911 or contact the firm online to schedule an initial consultation. McPhillips Shinbaum, LLP represents clients throughout Alabama, including Montgomery, Autauga and Elmore counties.