Dothan Wrongful Death Lawyer

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Representing people affected by a wrongful death in Dothan and Southeast Alabama. 

When someone dies because of another person's negligence or wrongful conduct, Alabama law provides a legal remedy for the wrongful taking of human life. These cases can arise from car and truck crashes, dangerous property conditions, defective products, medical negligence, and many other preventable incidents.

Dothan Law Group represents families in Dothan, the Wiregrass, and throughout Alabama in wrongful death claims. Our attorneys investigate the circumstances surrounding the death, identify the responsible parties, preserve critical evidence, and pursue accountability under Alabama law.

Alabama's wrongful death law differs significantly from the law in most other states. In an Alabama wrongful death action, damages are punitive rather than compensatory. The purpose is not to calculate the financial value of the deceased person's life or compensate surviving family members for their grief or financial loss. Instead, wrongful death damages are intended to punish the wrongful conduct that caused the death and deter similar conduct in the future.

For that reason, the seriousness of the defendant's conduct and the need to prevent similar wrongdoing can become central issues in an Alabama wrongful death case.

That distinction is important, and it is one reason families should speak with an attorney familiar with Alabama wrongful death law rather than rely on general information written for other states. 

Under Alabama law, a wrongful death action generally must be brought by the personal representative of the deceased person's estate. This is different from states where individual family members may directly file the wrongful death lawsuit themselves.

The personal representative brings the action based on the wrongful act, omission, or negligence that caused the death, provided the deceased person could have brought a claim for that conduct if it had not resulted in death.

Money recovered through an Alabama wrongful death action is not used to pay the deceased person's debts or liabilities. Instead, it is distributed according to Alabama's laws of intestate distribution.

A wrongful death claim may arise whenever a person's death is caused by conduct that would have entitled that person to bring a legal claim had he or she survived.

Wrongful death cases may involve car accidents, commercial truck crashes, motorcycle accidents, drunk drivers, dangerous property conditions, defective products, workplace incidents, medical negligence, nursing home neglect or abuse, and other negligent or wrongful conduct.

Some cases involve more than one responsible person or company. Identifying every potentially responsible party and available source of insurance coverage can therefore be an important part of the investigation.

 Evidence can disappear quickly after a fatal accident. Vehicles may be repaired or destroyed, surveillance footage can be overwritten, physical conditions can change, and witnesses' memories may fade.

Depending on the circumstances, an investigation may include accident reports, photographs and video, witness statements, vehicle and electronic data, surveillance footage, medical and autopsy records, employment or company records, safety policies, inspection and maintenance records, expert analysis, and other evidence concerning how and why the death occurred.

Our attorneys work to preserve important evidence, determine what happened, identify responsible parties, and develop the evidence necessary to pursue accountability.

Under Alabama Code § 6-5-410, an adult wrongful death action generally must be commenced within two years from the date of death. Because the statute also requires the action to be brought by the proper personal representative, families should not wait until the deadline approaches to begin addressing the estate and wrongful death claim.

Other deadlines and procedural requirements may also affect a particular case depending on the defendant and circumstances involved. Speaking with an attorney promptly gives counsel time to investigate the death, preserve evidence, address the appointment of a personal representative when necessary, and determine the deadlines applicable to the claim.

The two-year requirement and personal-representative requirement come directly from § 6-5-410.

Unlike most states, Alabama does not measure wrongful death damages by adding together medical bills, funeral expenses, lost income, or the financial value of the deceased person's life. Damages in an Alabama wrongful death action are punitive.

The purpose of the recovery is to punish the defendant for the wrongful conduct that caused the death and to deter the defendant and others from engaging in similar conduct in the future. As a result, the focus is on the wrongfulness of the defendant's conduct and the importance of preserving human life—not the deceased person's income or the family's financial loss.

There is no simple formula for determining the value of an Alabama wrongful death case. The facts surrounding the death, the defendant's conduct, and the evidence developed during the investigation all matter.

That's consistent with both § 6-5-410 and Alabama appellate authority describing the statute's purpose as protecting human life and preventing wrongful deaths through punitive damages.

A wrongful death case requires careful investigation, preservation of evidence, and an understanding of Alabama's unique wrongful death law. Dothan Law Group represents families in Dothan, throughout the Wiregrass, and across Alabama when a loved one's death was caused by the negligence or wrongful conduct of another person or company.

Our attorneys can investigate what happened, identify potentially responsible parties and available insurance coverage, address issues involving the personal representative and estate, and pursue the wrongful death claim on behalf of the appropriate parties.

We handle wrongful death and personal injury cases on a contingency fee basis. You do not owe an attorney fee unless we make a recovery for you.

Question: Who can file a wrongful death lawsuit in Alabama?

Answer:
For an adult decedent, an Alabama wrongful death action generally must be filed by the personal representative of the deceased person's estate. The personal representative acts as the party authorized by Alabama law to pursue the wrongful death claim. 

Question: How long do I have to file an Alabama wrongful death lawsuit?

Answer:
Alabama Code § 6-5-410 generally requires an adult wrongful death action to be commenced within two years after the date of death. Because appointment of the proper personal representative and investigation of the claim can take time, families should speak with an attorney well before that deadline. 

Question: Can we recover medical bills, funeral expenses, and lost income in an Alabama wrongful death lawsuit?

Answer:
Those losses are not the measure of damages in an Alabama wrongful death action under § 6-5-410. Alabama wrongful death damages are punitive rather than compensatory and focus on punishing wrongful conduct and deterring similar conduct. Other claims may sometimes present separate issues involving losses incurred before death, so the particular circumstances should be evaluated by an attorney. 

Question: Who receives the money recovered in an Alabama wrongful death case?

Answer:
Wrongful death proceeds are not treated as ordinary assets of the deceased person's estate and are not used to pay the deceased person's debts or liabilities. Alabama law requires the proceeds to be distributed according to the state's statute of distributions. This can produce a result different from what is provided in the deceased person's will. 

Question: Can a wrongful death case arise from an ordinary car accident?

Answer:
Yes. A wrongful death claim does not require intentional misconduct. Alabama law permits a claim based on a wrongful act, omission, or negligence that caused the death, provided the deceased person could have pursued a claim for that conduct had death not resulted. 

Question: How much does it cost to hire Dothan Law Group for a wrongful death case?

Answer:
Dothan Law Group handles wrongful death cases on a contingency fee basis. You do not owe an attorney fee unless we make a recovery for you.

 If you believe a loved one's death was caused by another person's or company's negligence or wrongful conduct, contact Dothan Law Group to discuss what happened and learn about your legal options.

Call Dothan Law Group at (334) 793-4354 or contact us online for a free consultation.

Learn more about the personal injury cases Dothan Law Group handles.