Martinson & Beason, P.C.
Martinson & Beason, P.C.
When a loved one dies, whether after illness or unexpectedly, those left behind often have questions about what caused the loss. At first, the death may seem unpreventable, but in many instances, someone’s actions could be to blame. Untangling the uncertainty can be complicated without guidance from a Huntsville wrongful death attorney.
At Martinson & Beason Injury Lawyers, we are dedicated to treating your concerns with care and diligence. During a free initial consultation, you can get answers to legal concerns surrounding the death and a promise that our team will work tirelessly to find the truth. Our Alabama personal injury attorneys work to secure any available compensation so your family can find justice on behalf of your loved one.
Wrongful death cases demand sensitivity and compassion for the bereaved combined with tenacity and fierceness to hold the wrongdoers accountable. At Martinson & Beason Injury Lawyers, we have been providing this kind of legal support to our clients since 1937. Our decades of experience allow us to outperform our competition to ensure we secure full justice for the injured and vulnerable.
We created a Client Bill of Rights that underscores our dedication to helping you recover emotionally, physically, and financially. When you have lost a loved one due to someone else’s actions, we guide you through the case, providing you the right to:
Above all, we are committed to quality, integrity, and honesty for every client and their case. Each one of our Alabama attorneys stands ready to bring the experience and skills needed to address your wrongful death claim.
According to the Code of Alabama § 6-5-410, wrongful death occurs when one person causes or contributes to the death of another through “(a) wrongful act, omission, or negligence.” This definition provides a legal footing to pursue civil justice against those who had a hand in your loved one’s passing, provided your Huntsville wrongful death lawyer can gather appropriate evidence showing what happened.
It is vital that surviving family members be proactive in resolving a wrongful death claim. The time limit for filing a civil action is only two years from the death date. Taking time to grieve is natural and valid, but if you wait too long, you could lose the opportunity to obtain the compensation your family requires. While money does not bring back your loved one, it allows you and your family to mourn and heal without worrying about impending financial burdens.
Wrongful death can occur in many common situations, such as medical malpractice, vehicle accidents, workplace accidents, and criminal acts. Sometimes, the victim dies immediately, or they may linger before succumbing to their injuries. In either case, the wrongful death attorneys in Huntsville, AL, at Martinson & Beason are by your side every step of the way.
Healthcare providers are held to a higher standard than nearly any other professional field, and when their actions lead to death, we are prepared to investigate for you. Wrongful deaths can happen from a range of medical negligence and medical malpractice instances, such as:
Doctors, nurses, hospital staff, and facility administrators may play a part in your loved one’s death. Your wrongful death attorney will collaborate with medical experts to analyze what happened and identify all at-fault parties.
According to the Alabama Department of Transportation (ALDOT), as many as 986 people were killed in 2022 (the most recent reported year) from car, truck, motorcycle, and other auto accidents. Drivers may be distracted, intoxicated, speeding, or reckless, causing them to ignore or overlook traffic laws. When they hit and kill your loved one, you have the right to seek financial relief for your loss.
From an office setting to a construction site, workplace injuries claim the lives of as many as 74 people in 2022, as reported by the Bureau of Labor Statistics. The “Fatal Four” causes are falls, electrocution, being struck by equipment, and being caught in or by machinery. An employee may die at the scene or suffer for a period of time before passing away.
After a wrongful death on the job, it is important to investigate thoroughly to determine not only who is to blame but whether there are benefits and compensation available to the family. Under Alabama’s workers’ compensation insurance program, employers must provide death benefits as well as cover medical care associated with the injury before the loss. Your attorney will help you identify your options and apply for what your family is owed.
Unfortunately, those who commit crimes often cause the death of their victims. Whether it was a robbery gone wrong or an intentional assault, your family may gain some solace if the person is convicted, but that will be all. To secure any financial compensation, you must file a civil action against the individual.
Another common source of wrongful death claims comes from defective products, such as home devices or medication. Those who make and sell items to the public are legally required to ensure safety when designing, manufacturing, marketing, and distributing their products. If a manufacturer is aware their product is dangerous, they can be held liable if someone dies while using it.
Another area of law that applies to wrongful death is premises liability. Property owners must ensure their premises are safe from hazards, warn the public about the dangers, and repair problems as soon as possible. If your loved one slipped in a grocery store and passed away from their injuires, you could have a viable wrongful death claim against the store owner.
Finally, wrongful death for children and older adults can sometimes happen from animal attacks and dog bites. Under the Code of Alabama § 3-6-1, owners are held strictly liable for any injuries their animals cause to others. If a small child is killed by an aggressive dog, you may be able to seek compensation from a number of sources, including a wrongful death claim.
One of the most important factors your wrongful death lawyer will focus on is ensuring they identify every person and entity that played a part in your loss. In a car accident, it may appear clear that a drunk driver is responsible, but under the Code of Alabama § 6-5-71, establishments that overserve someone can be found liable under Alabama’s dram shop laws. A skilled attorney will pursue every avenue for compensation.
Depending on the circumstances of the death, potential at-fault parties may include:
Your wrongful death lawyer and their team will locate all documents, evidence, and information that could show who is to blame and how they contributed to the death. They will use this material to support your claim of negligence against the wrongdoers and your claim for damages.
Under the Code of Alabama § 6-5-410, only the deceased’s personal representative for their estate can file a civil action seeking compensation for a wrongful death. In other states, family members, such as the surviving spouse, children, or parents, can bring a claim, but Alabama limits these actions. One exception is when the deceased was under age 19 when they died, allowing the parents the right to file a claim within six months of the death.
Because only an executor or personal representative (PR) can file a claim, the first action your wrongful death lawyer will help you with is opening an estate and filing the appropriate paperwork. If your loved one did not appoint a PR, you can decide who will handle that role, or the probate court can assign a person. Your attorney will then assist the PR in managing the wrongful death lawsuit.
Again, you must act quickly to begin the process since there are numerous factors that can affect your case. For example, if a city or county is a potential defendant, you will need to file a Notice of Claim as a prerequisite to filing a lawsuit. Your wrongful death lawyers will also need time to gather relevant evidence and prepare a compelling case.
While every case is unique and deserves a tailored solution, our experience and training have led us to develop a powerful approach to handling wrongful death cases. We apply this process to each claim and explain it to you so you are comfortable with each step. Here are the steps we follow:
In personal injury cases, your attorney must present a preponderance of the evidence showing negligence or carelessness by the at-fault parties. This material can help us more forcefully negotiate your claim before and during a trial. Through it all, your wrongful death attorney from Martinson & Beason will be at your side.
A natural question for any personal injury client is, “What is my claim worth?” For most cases involving situations such as car accidents, slip-and-falls, or product liability, victims are eligible to seek repayment for their economic and non-economic losses. These are known as compensatory damages for items such as medical bills, lost wages, and property loss.
However, Alabama has different rules for wrongful death claims. Plaintiffs are only allowed to seek punitive damages, which are intended to punish the liable party and serve as a warning to others against engaging in the same actions. Yet another complication for wrongful death lawsuit damages is whether the deceased initiated a personal injury claim before they died.
In that instance, the family could convert the loved one’s personal injury claim into a survival action that allows them to pursue full compensation for all the expenses incurred before the death. This prevents survivors from suffering a financial burden from extensive treatment measures or other costs. As with all complex cases like these, it is vital that you speak with a personal injury attorney as soon as possible after an injury or death.
At Martinson & Beason Injury Lawyers, we understand your grief and need for answers when someone else is to blame for your family member’s death. We fight fiercely for justice on the deceased’s behalf and for the compensation your family needs to move forward. Beginning with a free consultation, you can get the experienced legal representation you need without worrying about the cost.
Contact us to learn more about how a Hunstville wrongful death attorney can help you navigate the process. We are here for you.
When life throws you a curveball, having a trusted legal team behind you can bring peace of mind to you and your family. The attorneys at Martinson & Beason Injury Lawyers have proudly served the Huntsville community—and all of Alabama—since 1937. Our deep community roots, passion for people, and desire to help those who need it most allow us to provide clients with dedicated legal help.
I have had a wonderful experience during my time if need. I was in a major car accident that changed my life. I had the honor of working with a great team of people who cared. Martinson & Beason is a professional and caring law firm that truly makes everything easy and informational. I would recommend them to anyone for their needs and making things simple.
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