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Mr king and Debbie were amazing to work with. They stayed in touch and I am pleased with the settlement. I’d recommend!
Dylan Baisden
2024-07-12
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Wonderful people, fast and very hard working to complete a settlement for everyone involved!
Adora Aun
2024-06-06
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Thank you David Hodge for everything! Definitely recommend!!
Reliable Appliance
2024-05-28
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Great people Debbie and Mr. King did everything to help me and left me feeling happy and taken care of! 10 stars would be better!
Patrisha Wood
2024-05-28
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FANTASTIC SERVICE!!! Mr. King has been an amazing help to me and my first legal need. I feel secure knowing moving forward if I have another need I will be in the best hands possible.
Oxana Willow
2024-05-24
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This guy helped me through every step after my car accident and got me 10k. Would recommend!
Brian Kelsoe
2024-05-24
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Great people, always professional and courteous. They all went above and beyond to help me with my case. Would recommend them to anyone. Many thanks!
James Theless
2024-05-23
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Morris, King & Hodge provided me with the help I needed from the first call to the final outcome. The staff was professional, courteous, and prompt, and helped me understand the process. I would recommend them to others in similar situations.
nick jackson
2024-05-20
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Has Your Loved One Been Killed by Someone Else’s Negligence or Misconduct in Huntsville?
If you lost a loved one due to someone else’s negligence, please accept our condolences. While no legal action or amount of money can bring your loved one back, a successful wrongful death claim could help you find a measure of justice for the deceased and financial security for your family’s future.
At Morris, King & Hodge, P.C., our Huntsville wrongful death attorneys have recovered millions in compensation for injured people and grieving families. We want to put our experience to work for your family.
Alabama has specific laws concerning legal actions after a wrongful death. Trying to figure out these laws and deadlines can feel overwhelming. Our wrongful death lawyer near you can handle the legal details while you focus on honoring and remembering your loved one. Contact Morris, King & Hodge, P.C., for a free, no-obligation consultation whenever you are ready to explore your legal options.
Wrongful Death Basics: Elements of a Wrongful Death Claim
A wrongful death claim is a legal action that allows surviving family members to seek financial compensation and justice in civil court when someone else’s recklessness, carelessness, or intentional actions cause a loved one’s death. A wrongful death claim is a separate civil action from any criminal charges that may result from the untimely death.
A successful wrongful death case hinges on proving these key elements:
Establishing responsibility to act safely — You must show that the at-fault party had a duty to keep others safe. For example, property owners must maintain hazard-free premises, and truck drivers must follow federal rest guidelines.
Proving failure to meet that responsibility — You must demonstrate that the responsible party acted recklessly or failed to take proper precautions, putting others in danger. For example, a property owner ignored a broken step, or a truck driver fell asleep at the wheel.
Linking the actions to the death — You must provide evidence that the wrongful actions directly caused the person’s death. The accident or incident would not have occurred if the responsible party had met their duty.
Alabama Wrongful Death Laws
Our experienced wrongful death lawyers in Huntsville can provide greater detail about Alabama’s unique laws regarding wrongful death claims and how they apply to your unique situation, but here is a basic overview:
Only the personal representative (the person managing the deceased’s estate) can file a wrongful death lawsuit.
Alabama awards only punitive damages. The courts do not award compensatory damages for expenses like the victim’s pain and suffering, the victim’s medical bills, or funeral costs.
Estate representatives must file a wrongful death lawsuit within two years of the person’s death. Wrongful death actions involving local governments such as cities and counties have even tighter deadlines.
Wrongful death lawsuits can be filed against individuals, businesses, or corporations responsible for the death. If the person being sued dies, the case continues against their estate. The civil claim remains valid regardless of whether the responsible party was ever prosecuted or convicted in criminal court.
Creditors cannot claim compensation from a wrongful death suit to pay for the victim’s debts.
You must file a wrongful death lawsuit in the Alabama county where the victim would have sued if they were still alive.
Morris, King & Hodge, P.C., is a fantastic law firm. Joe King and his staff worked tirelessly on my case and in doing so I received a settlement beyond my expectations.
- M. S.
Joe, Joey, Harvey and the entire Morris, King & Hodge, P.C., staff was extremely professional and courteous throughout the whole process.
- S. S.
Joe king was very good to me I’ll recommend him anytime I can thank you Joe King.
When someone else’s careless or intentional act leads to a loved one’s death, families want to hold the responsible party accountable. Because there are several ways a wrongful death can occur, the parties responsible vary depending on the circumstance, such as:
Motor vehicle drivers — Impaired, careless, or distracted drivers who cause fatal accidents
Property owners — Property owners or managers who fail to correct hazards and cause deadly accidents
Manufacturers– Companies that produce defective or dangerous products
Medical professionals — Doctors, nurses, or hospitals that commit medical malpractice leading to fatal injuries or illnesses
Assisted living facilities and nursing homes– Facilities that fail to provide proper care, leading to abuse, infections, or falls
Employers – Companies that fail to maintain a safe working environment or offer proper safety equipment
Who Can File a Wrongful Death Claim in Alabama?
Alabama law allows only the deceased’s estate’s personal representative (executor) to file a wrongful death lawsuit. Family members cannot directly file a claim unless they are the appointed executor. However, the surviving spouse, children, or parents receive any awarded compensation.
If your loved one did not select a personal representative in a will, our experienced wrongful death lawyers can advise on the next steps in seeking justice and compensation through a wrongful death claim.
Common Causes of Wrongful Death in Huntsville
Wrongful death claims can arise from many types of accidents, including these examples:
Why Is Collecting Evidence Crucial in a Wrongful Death Suit?
Believing that someone caused or contributed to your loved one’s death is not enough. You must have substantial evidence that shows negligence or some other type of liability. Our lawyers for wrongful death claims have the resources to obtain and examine evidence to strengthen your claim, including examples like these:
Police or accident reports — These official documents provide an objective account of what happened, including details about fault, citations, or violations. In car accidents, for example, a police report may indicate that the at-fault driver was speeding or intoxicated.
Medical records and autopsy reports — Medical evidence shows the cause of death and whether it resulted directly from the responsible party’s negligence. For example, an autopsy might reveal injuries consistent with medical malpractice, unsafe working conditions, or a car crash.
Witness statements — Eyewitnesses provide firsthand accounts of what happened before, during, and after the fatal incident. Their statements help confirm details and corroborate the family’s claims about fault.
Photos and videos — Visual evidence, such as security footage, dash cams, or accident scene photos, can show dangerous conditions, reckless behavior, or apparent violations of safety protocols that contributed to the death.
Expert testimony — Experts, such as accident reconstruction specialists, doctors, or economists, can explain how the wrongful act caused the death.
What Are the Challenges in a Wrongful Death Suit?
Wrongful death cases are complex. For one, the victim cannot testify or corroborate the circumstances that led to their demise. There are other legal hurdles, such as:
Burden of proof — The person seeking compensation (plaintiff) must show a cause-and-effect by the responsible party (defendant) resulting in the wrongful death.
Limited compensation — Alabama awards only punitive compensation in wrongful death lawsuits. Punitive damages are not compensation for the losses related to the death. Rather, the amount of punitive damages awarded is entirely up to the court.
Tight deadlines — Alabama imposes a two-year limit on filing wrongful death lawsuits. While that might seem like plenty of time, gathering evidence, interviewing witnesses, and consulting experts is time-consuming.
Reluctant insurers — Insurance companies often try to deny or downplay claims to save money. They may look for ways to blame the victim for their fatal injuries.
How Much Is a Wrongful Death Lawsuit Worth?
Wrongful death settlements and verdicts can vary widely. Because Alabama allows only punitive damages, the value of a wrongful death claim depends on:
The level of negligence involved
The defendant’s ability to pay compensation
The jury’s decision on appropriate punishment
Choosing the Right Huntsville Wrongful Death Lawyer
Due to the complexity of wrongful death lawsuits in Alabama, you should select a law firm that offers the following:
Proven record of success in wrongful death cases
Years of experience handling many types of wrongful death claims
Deep understanding of Alabama law
Productive relationships with local courts
Significant litigation experience if negotiations fall through
Responsive, compassionate support to grieving clients
At Morris, King & Hodge, P.C., our past results from wrongful death cases include:
$5 million settlement as a result of electrocution
$3.1 million settlement resulting from the negligent installation of a faulty tire
$2.5 million settlement against a driver when a backhoe collided with a motorcycle, causing a fatal injury
$1 million settlement against a trucking company for causing the death of a motorist in Atlanta, Georgia.
While every case is different, and past results cannot predict future outcomes in specific situations, our record of success indicates that we have the experience, resources, and resolve to pursue maximum financial compensation for families affected by a wrongful death.
During our efforts, we treat clients like family. To find out more about our previous clients’ experiences with our law firm, check out some of our positive reviews like these:
“Mr. King and his team are amazing! I appreciate the care, time, and effort they took with my case, ensuring that I received the best possible outcome. I recommend them wholeheartedly to anyone looking for legal assistance and representation.” – S.R.
“From start to finish, MKH made the process easy and stress-free… My attorney fought for a great settlement and explained the ongoing negotiation process and outcome in an easy-to-understand manner.” – T.B.
Wrongful Death FAQs
Yes, you can file a wrongful death claim while the police pursue a criminal investigation. However, a wrongful death claim cannot send a defendant to jail. The only recourse surviving family members have in civil court is to seek punitive damages from the negligent party.
You can use the verdict in a criminal investigation as evidence in a wrongful death case, but the liable party does not have to be guilty of a crime for you to recover compensation. That’s because the burden of proof in a civil case is lower than in criminal cases. You don’t have to prove the defendant’s guilt beyond a reasonable doubt.
The duration of wrongful death cases varies, but most cases finish within one to three years.
Compensation in a wrongful death case is limited to punitive damages that are based on the degree of the defendant’s negligence or wrongdoing.
Families who have unexpectedly lost a family member who helped support the household often experience financial distress after the loss. Our Alabama wrongful death attorneys handle cases on a contingency fee basis. We pay any upfront out-of-pocket costs, and we provide free consultations. You pay us no fee or expenses unless we win a settlement or award in your case.
An attorney must establish certain elements to prove negligence in a wrongful death case. They include:
The at-fault individual or business had a duty to the deceased. For example, a driver has a duty to other motorists to obey traffic laws and operate a vehicle so as not to endanger others.
The defendant breached their legal duty. The driver got intoxicated and drove without regard for safety.
The failure to uphold the legal duty led to the death. The drunk driver’s reckless driving led to a head-on collision in which another motorist was killed.
A wrongful death claim is a civil lawsuit that is filed on behalf of the estate of a person who died as a result of someone else’s negligence, wantonness, failure to act or willful misconduct.
Our Huntsville Wrongful Death Attorneys Are Ready to Help Your Family
If you have lost a loved one due to someone else’s wrongdoing, our Huntsville wrongful death lawyers are ready to guide you through the legal process with compassion and dedication.
Let us handle the legal challenges in your wrongful death case while you focus on your family’s future. We will stand by you every step of the way as we fight for justice for your loved one and financial stability for your family.
Linking the actions to the death — You must provide evidence that the wrongful actions directly caused the person’s death. The accident or incident would not have occurred if the responsible party had met their duty.
