Practice Areas

Wrongful Death

wrongful deathThe death of a loved one is never easy, but facing the death of a loved one as a result of someone else’s wrongful conduct can be even more difficult.

By law, a wrongful death occurs when an individual has committed a “wrongful act, omission, or negligence” that results in the death of another person. Wrongful deaths often occur as a result of one of the following incidents:

In Alabama, damages in wrongful death lawsuits are generally awarded for losses sustained by family members of the deceased or beneficiaries of the deceased. Although more than one person may be entitled to compensation for the death of a family member, Alabama law states that only a personal representative of the deceased or the custodial parent of a minor may bring the actual lawsuit.

There’s no need to try and figure this out on your own.  Our experienced attorneys can help you determine how best to stand up for your family’s rights.  We understand that it can be difficult to consider the legal implications following the death of a loved one.  That’s why our attorneys are able to provide compassionate and consistent guidance through the process.

If you have suffered the loss of a loved one because of the wrongful actions of another, please contact the attorneys at Timberlake, League, and Brooks to set up a FREE consultation and discuss your legal options.  

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What kind of damages can you claim in a wrongful death case?

In Alabama, only punitive damages can be claimed, which means money that is awarded to punish the wrongdoer.  You cannot claim damages for pain, suffering, loss of income, nor medical expenses.

Who can bring a claim for a family member’s death?

Only the personal representative of the deceased’s estate has standing to pursue a wrongful death case.  However, there is an exception if the deceased is a minor.  If the deceased is a minor, the custodial parent has the right to bring the claim.

Who gets the money if there is a settlement or verdict in a wrongful death case?

Generally speaking, the money passes according to the rules of intestacy, which means the money passes to the deceased’s heirs as if the deceased died without a will.  

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