Birmingham Wrongful Death Lawyer

If you have lost a loved one, we offer our deepest sympathies. The untimely death of a family member is a tragic event that can leave lasting scars on those left behind. A Birmingham wrongful death lawyer can help protect the memory of your loved one by holding the negligent party accountable.

At Heninger Garrison Davis, LLC, we understand you may feel vulnerable during this challenging period. Trust our personal injury lawyers to provide compassionate legal support throughout your wrongful death case. Our priorities are your well-being and the pursuit of justice. Call us today to schedule a legal consultation about your family’s situation.

WHY CHOOSE HENINGER GARRISON DAVIS?

At Heninger Garrison Davis, we have the ingenuity, capability, and vast resources to handle massive, complex cases nationwide. Despite this, our lawyers provide bespoke, customized legal strategies for each client, treating every individual with the utmost respect and care. We understand that behind every case is a valuable and important person whose feelings, experiences, and concerns matter. Our Birmingham law firm is a bedrock of strength for clients during their most challenging legal ordeals.

While our esteemed attorneys shine in legal settings all across the nation, they are also known for their thoughtful leadership within their own communities. They give back with the intent of fostering positive social change and upholding our company’s core values. These essential principles include the drive for excellence; an insistence on compassion and good will; the willingness to take a collaborative approach that exponentially increases client success; and a commitment to integrity and transparency throughout every interaction.

What Clients Say

“I didn’t even think I had any recourse.”

Lew Garrison represented me in defamation of character case that I didn’t even think I had any recourse in. I couldn’t have been happier with the results or the communication that Lew kept throughout the process. If the rest of these guys are anything like Lew, then that’s a hell of a bunch of guys you need on your side!

—Bill Freise

“In a time of darkness and uncertainty in our family.”

This law firm brought us light! Working with Steve Heninger gave my husband and I the confidence and comfort we needed to navigate uncharted water. He and his paralegal Pam made us feel like family. They worked incredibly hard to help us receive the results we so desperately sought. Professionalism mixed with compassion makes this law firm a must have for anyone seeking quality representation. Thank you so much for helping us get through such a difficult time in our lives. We will forever be grateful!!

—Julie Isbell

“Exceptional client service and expertise.”

I had a great experience with Heninger Garrison Davis, LLC. The entire team is incredibly friendly and approachable. The attorneys are knowledgeable and dedicated, always taking the time to explain everything clearly. I highly recommend them for their exceptional client service and expertise.

—Grace Simms

“I felt that I was in great hands.”

From the first time talking to this law firm, I felt that I was in great hands. They assumed me that everything would be taken care of. I didn't have to worry about anything, they would keep me updated on everything upcoming and any changes. I never had to call about any updates. I really appreciate there service. I recommend these to anyone who's looking for a great firm. Thank ya’ll for outstanding job on my case.

—Yvette Hightower

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SUPPORTING FAMILIES THROUGH OUTSTANDING LEGAL REPRESENTATION

Our Birmingham law firm is differentiated through a number of critical factors, including the following:

ABOTA membership

Four of our firm’s lawyers are members of the prestigious American Board of Trial Advocates (ABOTA), an invitation-only organization that includes this country’s most lauded legal pioneers and visionaries.

Academic contributions

Our skilled partners provide invaluable insights and expertise as lecturers, educators, authors, and mentors at local law schools and institutions, expanding the knowledge base of tomorrow’s brightest legal minds while staying ahead of the curve when it comes to essential updates in legal scholarship and learning.

National representation and success

HGD is proud to have garnered over $3 billion in recoveries for our clients across all 50 states. We owe our success to the tenacity of our partners and the collaborative spirit with which they approach every case.

World-class technology and innovation

Our firm relies on cutting-edge technology and our onsite IT specialist to optimize communication and organize case management. Clients enjoy unfettered accessibility and connectivity as well as convenient scheduling through a variety of mediums.

Workplace awards

Thanks to our inclusive and empowering practice atmosphere, our firm was recognized by the Birmingham Business Journal as one of the Best Places to Work in 2024. Our impressive employee retention rate translates to reliability and continuity of care for our clients.

Massive resources

Our accomplished attorneys have amassed an abundance of resources over the course of their robust careers, which can be leveraged in service of client cases. We work with the most respected and credentialed experts and authorities who can lend critical testimony in high-stakes legal battles.

OUR WRONGFUL DEATH LAWYERS HANDLE A WIDE RANGE OF CASES

If someone’s negligence or wrongful actions claimed the life of your loved one, there may be grounds to pursue a wrongful death lawsuit. As experienced lawyers, we will review the circumstances surrounding the tragic event and determine if you have a valid claim.

A wrongful death action is generally a viable option if the negligent or reckless conduct caused or contributed to the death. Since we opened our law firm in 2006, we have handled a wide range of fatal accidents, so we can adapt our legal strategy to fit the unique details of your case.

Our legal team in Birmingham includes:

Car accident lawyers
Bicycle accident lawyers
Medical malpractice lawyers
Motorcycle accident lawyers
Pedestrian accident lawyers
Truck accident lawyers

Please don’t hesitate to contact us if your loved one has died under different circumstances than the practice areas mentioned above. Our experience handling various accidents helped us craft effective legal strategies applicable to numerous scenarios.

We can identify the negligent actions that resulted in a deadly accident and help you understand wrongful death laws as you build your legal claim for fair compensation for your family.

WHO CAN PURSUE A WRONGFUL DEATH ACTION IN BIRMINGHAM?

When a victim dies due to someone’s wrongful or negligent act, the decedent’s personal representative (or executor) can take legal action, according to Ala. Code § 6-5-410. Family members may only file wrongful death lawsuits if appointed as personal representatives. The deceased’s will may name a representative. However, if they did not appoint one, the court approves a person for this position.

One exception from this rule is if the decedent is a minor child. In this case, the victim’s father or mother has an opportunity to file a claim within six months from the date of death. After this period, it becomes the executor’s responsibility to file a wrongful death claim.

Contact Us Today.

The sooner you take action, the better your chances for a favorable resolution.

(659) 222-4880 Free Consultation

WHAT DAMAGES DO YOU RECEIVE FROM THE RESPONSIBLE PARTY?

In most states, recoverable wrongful death damages include compensatory damages. In these states, families can recover funeral expenses, medical expenses, loss of companionship, and more. However, Alabama takes a different approach to wrongful death compensation.

In Alabama, courts can only award punitive damages in wrongful death claims. These serve a different purpose than compensatory damages, as they aim to punish the defendant and deter similar behavior in the future.

It is important to note that Alabama does not cap punitive damages for wrongful death lawsuits, so there is no limit to how much you can recover. Working with an experienced Birmingham wrongful death attorney is crucial to ensure you receive the maximum award for your case.

WHO RECEIVES DAMAGES AFTER A WRONGFUL DEATH ACCIDENT?

After a successful case, families receive wrongful death settlements according to Alabama’s intestate succession laws. These laws also determine who will receive a deceased person’s estate if they did not have a last will and testament. Under Alabama’s intestacy laws, wrongful death damages go to family members as such:

If the victim was married but didn’t have any living parents or children, their spouse would obtain the entire wrongful death award.
If the decedent was not married but did have children, the children would get the settlement to share equally.
If the deceased victim is married with children from the same marriage, the spouse would get the initial $50,000 of the settlement and half of what is left. The children claim the remainder of the settlement award and divide it among themselves.
If the decedent is married but has kids from outside the marriage, the current spouse can claim 50% of the settlement, and the rest will go to the children.
When the victim is married and has parents but no children, the spouse gets the initial $100,000 and 50% of the remaining amount. The decedent’s parents will get what is left.
If the deceased victim was unmarried and didn’t have kids, the parents would obtain the entire award.
When the decedent has no spouse, children, or parents, any of the decedent’s siblings could receive the award.
When no relatives qualify, the next closest family members will get the settlement (grandparents, grandchildren, uncles, aunts, cousins, nieces, and nephews).

Our legal team can assist you in gaining a better understanding of Alabama’s punitive damages and laws related to wrongful death. A Birmingham wrongful death lawyer can review the specific details of your case and help you make informed decisions about your claim.

WHAT DOES IT COST TO HIRE A WRONGFUL DEATH ATTORNEY?

Our team handles wrongful death claims on a contingency fee basis, so you’ll only have to pay us for legal fees once we resolve your claim and help you secure financial compensation for your family. You can learn more with a free initial consultation. We understand all the pressures you may face in this difficult time and stand ready to represent your best interests by providing personalized legal advice and guidance.

HOW TO PROVE NEGLIGENCE IN A WRONGFUL DEATH CASE

Working with an experienced wrongful death lawyer can increase the chances of a favorable outcome for your claim. Your attorney will use all available evidence to prove negligence, highlighting the direct link between their actions and the victim’s death. To prove a wrongful death lawsuit, your attorney will have to prove the following key elements:

DUTY OF CARE

The at-fault party owed a duty of care to the victim. We use this term to refer to the legal obligation an individual owes to others to act reasonably and prudently to prevent foreseeable harm or injury.

BREACH OF DUTY

The defendant did not uphold their duty of care. For example, if a product manufacturer does not follow the safety protocols when producing merchandise, they can be held liable for the injuries or deaths caused by a defective product.

CAUSATION

The breach of duty caused the victim’s death. This element sets a direct link between the defendant’s actions (or lack thereof) and the loss of life. It involves demonstrating that the fatal incident could have been prevented if the liable party had fulfilled their duty of care.

A wrongful death attorney can use a wide range of evidence to prove the at-fault party’s negligence. By meticulously examining relevant documentation, witness testimonies, and other types of evidence, we dedicate ourselves to constructing a robust case on your behalf.

ALABAMA HAS A TIME LIMIT FOR FILING A WRONGFUL DEATH LAWSUIT

Under Alabama’s statute of limitations, you generally have two years to file a wrongful death claim after the victim’s date of death. Failing to initiate the claim within this window may result in the forfeiture of your right to seek legal recourse.

Consult a knowledgeable attorney immediately to ensure your case moves forward within the prescribed period. Furthermore, the sooner you seek legal representation, the more time your attorney has to build an evidence-based case.

CONTACT OUR BIRMINGHAM WRONGFUL DEATH LAWYERS TODAY

During your private consultation, our empathetic and thoughtful legal team will answer all your questions with care and precision, ensuring you fully understand our legal strategy to recover the maximum compensation in your case. We assign each client a designated case coordinator who sends critical case updates via text and email, eliminating guesswork, waiting, and uncertainty. While we have a relentless drive to win cases, we also value the client’s experience along their legal journey and take steps to optimize your peace of mind as you navigate the challenges ahead. Call today to get started.

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