Birmingham Wrongful Death Attorneys

Types of Wrongful Death Cases We Handle

Wrongful death claims can stem from a variety of scenarios where a duty of care was breached or where a deliberate act of misconduct occurred. As part of your free case evaluation, we can evaluate the specific circumstances that led to your loved one’s passing, evaluate liability, and explain your legal options in clear terms.

Our team is equipped to effectively investigate and litigate a wide array of accidents and incidents that result in fatalities, including claims involving:

• Car accidents
• Construction accidents
• Criminal misconduct
• Defective products, including dangerous drugs and medical devices
• Distracted driving accidents
• Drunk driving accidents
• Premises liability
• Medical malpractice
• Motorcycle accidents
• Truck accidents
• Uber and Lyft accidents
• Workplace accidents

How We Approach Wrongful Death Cases in Alabama

Alabama stands apart from the rest of the country in how it handles wrongful death claims. In almost every other state, the legal focus is on compensating the family for their financial and emotional losses. However, Alabama law is fundamentally different: The primary goal is not to compensate the family but instead to exclusively punish the wrongdoer and deter similar behavior in the future. 

This unique legal standard means that the value of a case is determined entirely by the severity of the defendant's misconduct rather than the financial impact of the death on surviving relatives. Our team at Goldasich, Vick, & McCartney understands how to effectively navigate these distinct statutes.

When our wrongful death attorneys represent your family, we can:

• Thoroughly investigate the circumstances. We do not rely solely on what’s in the initial police reports. Our team can initiate an independent investigation to uncover what transpired and secure essential evidence. We can dig deep to reveal not just what happened, but why it happened.
• Focus on culpability. Because Alabama only awards punitive damages in wrongful death cases, we build our strategy around proving the extent of the defendant's negligence or deliberate misconduct. Whether the act was a moment of carelessness, a reckless disregard for safety, or the result of violent aggression, we can gather the evidence needed to show a jury why the defendant deserves to be penalized significantly.
• Guide the personal representative. Under Alabama law, a wrongful death claim cannot be filed by just any family member. In most cases, it must be initiated by the personal representative of the deceased’s estate, who is typically named in the deceased’s will or appointed by the court if there is no valid will (or if the named personal representative is unavailable or unwilling to take on the role). We can assist your family in identifying the personal representative and guide them through their legal duties concerning the wrongful death claim.
• Adhere to all deadlines. The statute of limitations for filing a wrongful death claim in Alabama is generally two years from the date of the victim’s death. This is usually a strict deadline with very few exceptions. We can act with urgency to preserve evidence and proceed with the necessary filings well before this window closes, preventing procedural technicalities from barring your family’s path to justice.
• Prepare for Trial: We prepare every wrongful death case as if it will proceed to a trial. By developing a compelling narrative and engaging relevant experts early in the process, we signal to the defense that we are ready for the courtroom. This level of preparation often incentivizes insurance companies to offer fair settlements to avoid the risk of a trial, but if they refuse, we are fully equipped to advocate for your family before a judge or jury.