How Much Is a Wrongful Death Lawsuit Worth?
If you have unexpectedly lost a loved one because of someone else’s negligence, you have a right to pursue financial compensation for the struggles due to the loss of income and financial support your loved one provided to you and your family.
Through a wrongful death action, you might be able to hold the at-fault party accountable for their negligent actions or inactions that led to your loved one’s death. Depending on your specific circumstances, you could be owed significant compensation for the loss of financial and emotional support, final medical expenses, funeral and burial costs, and more.
Nothing can bring back your loved one or restore your life to what it was before this terrible loss. With the help of an Alabama wrongful death attorney like those at Serious Injury Law Group, however, it is possible to seek justice for your loss. Call us or reach out to us online now.
Who Is Responsible for a Wrongful Death?
A wrongful death lawsuit could be brought against an individual or party that acted negligently or committed a wrongful act. A lawsuit could also be brought against the employer of an individual if the individual was working or within the scope of employment at the time of the incident that led to your loved one’s death.
Who Can Bring a Wrongful Death Lawsuit in Alabama?
Under Alabama law, a wrongful death lawsuit may be brought by the executor or personal representative of the estate of the person who has died. This person would either be the named representative or executor in the deceased person’s will, or if there is no will, the wrongful death lawsuit could be brought by an heir such as a spouse or child. Any debts or liabilities the deceased person had before they passed will not reduce the amount that can be recovered.
The representative of the estate is responsible for ensuring that any wrongful death settlements or recovery are distributed to the heirs of the deceased person. Who gets the money in a wrongful death lawsuit? Eligible heirs could include:
- The person’s spouse
- Children
- Parents
- Other relatives of the deceased
In some cases, disputes arise between relatives as to who should be the representative of the estate and make choices relating to the wrongful death claim. The aftermath of the unexpected death of a loved one can be a confusing time and is complicated by legal questions that can most effectively be answered by an experienced wrongful death claim attorney.
If you’re wondering how wrongful death settlements are paid out, the answer is that the representative of the estate of your loved one, which might be you, would hire an experienced wrongful death lawsuit attorney to bring the wrongful death lawsuit. The representative would then pay out the recovery or settlement to those identified as heirs.
What Is the Average Wrongful Death Settlement?
If you are considering filing a wrongful death lawsuit, the average settlement received for these types of claims might be of interest to you. Unlike with mortgages, there is no wrongful death settlement calculator into which you can conveniently plug numbers and expect to know how much you may recover in a wrongful death settlement. Likewise, there is no way to determine the average wrongful death settlement. Determining the potential value of wrongful death settlements requires getting into the facts. Some factors that affect the settlement amount include:
- Where the incident occurred
- When the incident occurred
- Who was liable, and the types and amounts of insurance policies that are available
With respect to wrongful death accidents caused by trucking or other companies, the law might require these entities to carry more insurance, which might lead to a larger wrongful death settlement. For example, trucking companies are required by federal law to maintain a specific amount of insurance to pay for claims against them.
Types of Compensation
If you lost a loved one due to someone’s negligence or an intentional act, some of the financial and other struggles you might be encountering include:
- Loss of the loved one’s income
- Loss of help around the house (also referred to as “lost household services”
- Funeral and burial costs
- Costs of mental health services
These types of financial losses are often referred to as “compensatory damages.” Alabama takes a unique approach in awarding damages. Alabama does not award compensatory damages in wrongful death cases. Instead, it allows for the award of punitive damages. Punitive damages are designed to punish individuals or companies who engaged in wrongdoing, causing the needless death of someone. Punitive damages are not limited to the actual financial losses that their loved ones encounter, such as lost financial support and wages. Loved ones may recover more than just their financial losses.
Situations That Might Decrease the Settlement
Sometimes wrongful death settlements are unsuccessful due to the action or inaction of the person who died. For example, if your loved one is found to have been negligent in a way that led to their death, the wrongful death claim might not be successful, or any financial recovery might be reduced by their proportion of fault. Negligence is a determination that is made by legal professionals, so even if you think your loved one’s own actions might have been to blame, you should still contact a lawyer to discuss the specifics of your situation.
If you have lost a loved one, you need to consult knowledgeable wrongful death lawsuit attorneys who know how to investigate these incidents and help determine the value of your wrongful death lawsuit.
Let Serious Injury Law Group Help You
If you lost a loved one in a tragic accident in Birmingham, the wrongful death attorneys at Serious Injury Law Group want to hear from you. We provide compassionate and aggressive legal representation to those who’ve lost loved ones due to the negligence of others.
The time to act is now. Alabama law gives you just two years to file a wrongful death lawsuit. If you wait too long to seek justice for what happened, you could be barred from recovering the compensation you and your family need and deserve.
We’re available by phone or online and will be ready to provide you with a free consultation. Contact us now and speak with an Alabama wrongful death lawyer today.