Compassionate Wrongful Death Lawyers for Alabama & Georgia Families

Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can face. At Serious Injury Law Group, we stand beside grieving families across Alabama, from Birmingham to Southern Alabama, and throughout the greater Atlanta metro area.

While no amount of legal action can undo your loss, pursuing a wrongful death claim can help bring a sense of justice and secure the financial stability your family needs to move forward. Our wrongful death attorneys provide compassionate guidance, aggressive representation, and the local insight necessary to navigate Alabama and Georgia’s unique laws.

Wrongful Death Claim in Alabama and Atlanta

A wrongful death claim allows families to seek justice when a loved one’s life is taken due to someone else’s negligence or misconduct. Whether caused by a reckless driver, a medical mistake, or a dangerous product, these claims hold the responsible party accountable. In Georgia, that means recovering the “full value of life.” In Alabama, it means securing punitive damages designed to punish wrongdoing. In either state, acting quickly and having experienced legal counsel can make the difference between a denied claim and a meaningful recovery.

The Serious Injury Law Firm is dedicated to helping families in both states during their most difficult times. Learn more about our firm to discover how we can stand up for you.

 

 

Differences Between Alabama & Atlanta Wrongful Death Laws

While Alabama and Georgia (including Atlanta) both allow families to pursue wrongful death claims, the way these cases are handled and the outcomes they produce can be very different.

• Basis for Damages:
  • Alabama limits wrongful death compensation strictly to punitive damages meant to punish the at-fault party and deter similar conduct.
  • Georgia, on the other hand, allows for both economic and non-economic damages, meaning families can recover for the full value of the deceased’s life, including lost income, medical expenses, funeral costs, and intangible losses like companionship.
• Who Can File a Claim:
  • In Alabama, a wrongful death claim must be filed by the personal representative of the deceased’s estate, even though the damages go directly to heirs.
  • In Georgia, certain surviving family members, including a spouse, children, or parents, may file directly without needing an estate representative.
• Statute of Limitations:
  • In Alabama, most wrongful death cases must be filed within two years of the date of death.
  • In Georgia, the limit is generally two years as well, but the clock can be paused (or tolled) in certain circumstances, such as when a criminal case related to the death is pending.
• Comparative Fault Rates:
  • Alabama follows a pure contributory negligence rule, meaning that if the deceased is found to have contributed to the accident in any way, even 1%, the family cannot recover damages.
  • Georgia uses a modified comparative negligence rule, which allows recovery as long as the deceased was less than 50% at fault.

Because these differences can drastically affect the outcome of a case, it’s important to work with an attorney who understands the nuances of both Alabama and Georgia wrongful death laws, especially if an incident occurred near the state line or involved parties from both states.

Who Can File a Claim for Wrongful Death

Alabama: Only the personal representative of the deceased’s estate, usually the executor named in the will or an heir appointed by the probate court, can file a wrongful death claim. If the wrong person files, the case can be dismissed, delaying justice for the family. View Alabama’s wrongful death statute for more information.

Georgia: The surviving spouse, children, or parents may file, depending on the family situation. If no qualifying family member comes forward, the claim may be filed by the estate. View Georgia’s wrongful death statute for more information.

How Our Wrongful Death Lawyers Can Help

At Serious Injury Law Group, we combine deep legal knowledge with genuine compassion. We understand the stakes in these cases, not just in financial terms, but in terms of justice, closure, and honoring your loved one’s memory.

Investigation & Evidence Gathering

We conduct thorough investigations to determine exactly what happened and identify every liable party. This is especially critical in Alabama, where damages are directly tied to the degree of wrongdoing.

Navigating Alabama and Georgia’s Complex Legal Procedures

Wrongful death laws vary greatly between the two states, and the filing process can be complex. Our attorneys have decades of combined experience guiding families through these legal systems, ensuring deadlines are met and rights are fully protected.

Common Causes of Wrongful Death Cases We Handle

Our wrongful death attorneys have represented families in a wide range of tragic and preventable losses. Each case is unique, but the goal is always the same: to hold negligent parties accountable and obtain justice for the life that was cut short.

Fatal Car, Truck & Motorcycle Accidents

Motor vehicle accidents are one of the leading causes of wrongful death in both Alabama and Georgia. These cases often involve drunk driving, distracted driving, excessive speeding, or reckless lane changes. Commercial truck accidents, in particular, can result in catastrophic injuries due to the sheer size and weight of 18-wheelers. Motorcycle riders face an even greater risk because they have little physical protection in a collision.

Our team has the resources to investigate these crashes thoroughly, collect evidence such as police reports, witness statements, and accident reconstruction data, and prove liability. Whether the at-fault party is an individual driver, a trucking company, or another negligent entity, we fight for full and fair wrongful death compensation.

Serious Injury Law offers experienced representation for specific vehicle accidents:

• Truck Accidents
• Motorcycle Accidents
• Car Accidents

Medical Malpractice

When medical professionals fail to meet the standard of care, the consequences can be fatal. Wrongful death cases involving medical malpractice may stem from surgical errors, anesthesia mistakes, medication overdoses, misdiagnosis, delayed diagnosis, or birth injuries.

In these cases, our medical malpractice lawyers work with trusted medical experts to review records, analyze treatment decisions, and determine where negligence occurred. Proving malpractice requires detailed evidence and a deep understanding of both medical and legal issues, something our experienced attorneys have successfully handled for grieving families across Alabama and Georgia.

Defective Products

Manufacturers, distributors, and retailers have a legal responsibility to ensure the products they sell are safe for consumer use. Unfortunately, defective vehicles, dangerous machinery, unsafe household goods, and faulty medical devices cause thousands of preventable deaths each year.

A defective product wrongful death claim may involve proving design flaws, manufacturing defects, or failures to provide adequate safety warnings. These cases often require technical expertise, engineering analysis, and a willingness to take on large corporations. Our wrongful death attorneys have the experience and determination to pursue these complex claims and hold negligent companies accountable.

What Compensation Can You Recover?

Alabama Wrongful Death Compensation

Alabama takes a unique approach to wrongful death damages: all awards are considered punitive, meaning they are intended to punish the wrongdoer and deter similar conduct in the future. This is different from most states, where damages typically cover financial losses like funeral costs, medical bills, or the income the deceased would have provided to their family.

One important distinction is that wrongful death damages in Alabama are not reduced to pay the deceased’s debts or liabilities. Instead, the full amount awarded is distributed directly to the heirs identified by the court.

When a case goes to trial, the jury is instructed to determine damages based solely on the degree of wrongdoing by the defendant. The money awarded goes to the deceased’s legal heirs, which may not always be the estate’s personal representative if that person is not a natural heir.

Because the size of a punitive damages award depends on proving the extent of the wrongful conduct, we build each case with a deep understanding of what happened and why. Our wrongful death attorneys investigate every detail of the incident, identify all responsible parties, and gather compelling evidence to show the full scope of negligence or misconduct that led to your loved one’s death.

Georgia Wrongful Death Compensation

Georgia law allows families to recover the “full value of life” of the deceased. This includes:

• Economic losses such as lost wages, benefits, and services the deceased would have provided.
• Non-economic losses like companionship, care, guidance, and emotional support.

Additionally, the deceased’s estate can file a related claim to recover funeral expenses, burial costs, and medical bills from treatment received prior to death. This broader approach allows for a more complete financial recovery for surviving family members.

Our attorneys understand the nuances of both states’ laws and build claims designed to maximize the recovery available under the applicable jurisdiction.

Common Questions About Wrongful Death Cases

How long do I have to file a wrongful death claim in Alabama or Georgia?

In most cases, both states give you two years from the date of death to file. Certain exceptions can shorten or extend this deadline, so it’s important to act quickly.

What if the deceased was partially at fault?

In Georgia, you can still recover damages as long as the deceased was less than 50% at fault. Alabama follows a contributory negligence rule, which can bar recovery if the deceased is found even slightly at fault.

Do I need a lawyer for a wrongful death claim?

Yes. These cases involve complex laws, high stakes, and insurance companies determined to pay as little as possible. An experienced wrongful death attorney can protect your rights and maximize your recovery.

Let Us Help You Seek Justice

If you’ve lost a loved one because of someone else’s negligence, you deserve a law firm that will fight tirelessly for justice. At Serious Injury Law Group, our wrongful death attorneys serve clients throughout Alabama and the Atlanta metro area with skill, compassion, and dedication.

Contact our wrongful death attorneys today for a free, no-obligation consultation at our offices in Birmingham, Montgomery, Mobile, Lowndes County, or Atlanta, or we can meet wherever is most convenient for you. We are here to stand by your side during this difficult time.