WHY HIRE A WRONGFUL DEATH LAWYER IN ALABAMA OR FLORIDA?

 

Every year, hundreds of thousands of people die in preventable incidents caused by someone else’s negligence, according to the CDC. There is nothing that can take away the pain of losing someone you love. I know from personal experience. Holding those responsible for their death and obtaining compensation to help with things like expenses, childcare, the kid’s education, the mortgage, and for the loss of companionship or parental guidance, and the emotional distress caused will assist your family as well as make sure others are safe.

 

WHAT IS A WRONGFUL DEATH CASE?

 

A wrongful death case is where someone dies because of the negligence or wrongful act of another. Simply, somebody caused someone else to die. I see this most often with car crashes, tractor-trailer crashes, motorcycle crashes, and medical malpractice. In these cases, suit can be filed to hold the responsible people and companies accountable. This requires an investigation into not just who is at fault, but if there are other parties responsible such as employers, manufacturers of equipment, maintenance companies, security companies, property owners, and bars or restaurants. The list depends on each case and should be investigated quickly.

 

WHO CAN FILE A WRONGFUL DEATH CASE?

 

Florida’s Wrongful Death Act and Alabama’s Wrongful Death Act allow only the personal representative of the deceased’s (the person who died) estate to sue responsible parties for compensation within two years of the date of death. An estate has to be opened in Probate Court and a personal representative appointed by the court if there is no Last Will & Testament naming an executor. If you don’t have a Will get one. Don’t walk. Run.

 

WHAT CAN YOU GET IN A WRONGFUL DEATH CASE?

 

In Florida, the personal representative sues for the compensation of medical bills, wage losses before the death, as well as funeral expenses and “net accumulations” of the estate. “Net accumulations” is the $5 ($15 adjusted for inflation) lawyer phrase for what the deceased would have saved over their lifetime. We all know that medical costs can be a truck load if the deceased had a lot of medical treatment prior to dying from whatever the incident was, and the medical providers can sue the estate for these bills! Net accumulations can also be significant if the deceased was a high wage earner and/or young.

 

The personal representative also sues for the survivors to be compensated for loss of their spouse or parent. These means everything that a spouse or parent provides like love and guidance. The largest amount of compensation is for the mental anguish and suffering caused by the death of the loved one. Shockingly, Florida is the only State that does not allow compensation for surviving adult children for the wrongful death of their parent in medical malpractice cases if their parent was not married at the time of death. This is called the “Free Kill” law whose recent repeal was vetoed by Governor DeSantis at the behest of insurance companies.

 

In Alabama, damages are much simpler. The personal representative can only sue for punitive damages to punish those responsible for the death and to deter others from the act that caused the death. Any money recovered is distributed in order as set by law just as if the person dies without a will. This can get complicated quickly depending on the family dynamics and who is still surviving on the date of the death. Generally speaking, the spouse and children will receive the recovery, but parents and siblings could also receive compensation given certain family dynamics. Again, it’s very complicated so you should consult with an injury lawyer, like me. If the deceased is a minor, the parents bring the suit and receive the compensation received.

 

WHY SHOULD I HIRE DAVIDSON LAW FOR MY WRONGFUL DEATH CASE IN ALABAMA OR FLORIDA?

 

Wrongful death cases are heavily defended by insurance companies and corporations. They often send their lawyers and experts within hours of a death to the scene and conduct thorough investigations giving them a head start in making sure you can’t sue them for the full value of your harms and losses. Hiring an experienced injury attorney as soon as possible allows them to start investigating and preserving crucial evidence for future use. Davidson Law jumps into action immediately in these cases on the behalf of the survivors to do just this. I’ve suffered the closest loss you can and fully understand what it feels like. I don’t want you worrying about anything but your grief and your family. 

 

Money doesn’t bring anyone back, but it is the only method we have in civilized society to redress the wrong. I’m here if you need me. 24/7.