Alabama laws outline the results that indicate a wrongful death. These fatalities could be the result of criminal actions, automobile accidents, or accidental occurrences that happen in the home. An attorney helps families define a wrongful death in Birmingham, AL and fights for monetary awards.
What Does Wrongful Death Indicate?
Wrongful death indicates that the circumstances of the fatality were avoidable; they pinpoint a course of action that could have been prevented by choice. The defendant in these lawsuits chose these actions that led to the death of the victim. These circumstances also apply in medical malpractice cases.
How Are These Cases Proven?
These cases are proven through scientific evidence along with medical records. The point of these investigations is to show the connection between the defendant’s choices and the injuries produced. Forensic analysis shows the exact cause of death for the victim and how the defendant’s choices contributed to their death.
These cases require a medical examiner to perform an autopsy. The findings of the autopsy determine if there was an alternative cause for the fatality, which allows them to cover all bases and prevent a counter-suit based on the victim’s own actions.
Avoiding Statute of Limitations Rulings
The statute of limitations for all personal injury claims is two years, and this applies to wrongful death lawsuits. The family must file their claim within two years of the event that caused the fatality. Even if these actions occurred prior to the death, they start the deadline for the claim.
The Probability of Counter Actions
The victim’s actions are examined during these claims. The defendant’s attorney views these actions to push blame onto the victim. If the victim died due to an auto accident, they examine their actions during the accident to determine if they broke the law.
Alabama laws for wrongful death apply to all forms of personal injury claims in which a fatality occurred. The family of the victim has the right to file a claim against the liable individual or company, that includes spouses, siblings, children, and some distance relatives. Families that need to file a claim for wrongful death in Birmingham, AL should contact Forstman & Cutchen for more information.