Common Defenses in Birmingham Wrongful Death Cases
There are defenses to wrongful death claims which may limit or even deny your recovery of damages. The first is the statute of limitations, which bars recovery to plaintiffs who do not file suit within the time limit set by law – which is 2 years in Alabama. Other available defenses are limited to those that could have been made against the decedent had he or she lived and brought his or her own claim for personal injuries. The two most common defenses are lack of causation and contributory negligence.
Lack of Causation
In order to hold a defendant responsible for wrongful death, you must prove that the defendant’s conduct was the cause of the decedent’s death. To satisfy this requirement, you must show a connection between the defendant’s conduct and the injury, such that the injury would not have occurred without the defendant’s actions. The continuous causal connection between the fault and the injury is the most important element necessary to prove causation in a Birmingham wrongful death suit. This means that an accident that occurred three months prior to death must have caused the death, not the decedent's failure to obtain medical help. If there is no causal connection, the defendant will not be held responsible for the death. The length of time between the defendant's wrongful conduct and the decedent's death is of no consequence.
Contributory Negligence
In some instances, the decedent – or one or more of the decedent’s beneficiaries – may be contributorily negligent in causing the decedent’s death. In Alabama, if a decedent’s beneficiary was partially at fault, then he or she cannot recover any damages. Thus, only beneficiaries who were not in any way responsible for causing the accident that resulted in the death of the decedent may recover damages. However, if it is found that the defendant’s conduct was “willful” or “wanton,” then the contributory negligence rule may not apply. Contact the experienced Birmingham wrongful death lawyers at The Walker Law Firm to discuss whether contributory negligence bars your wrongful death claim.
If the death occurred while the decedent was on the job, your right to sue may be different than if the death occurred elsewhere. Under the Alabama Worker’s Compensation Act, an employee who elects to take worker’s compensation does not have a right to sue his or her employer for injuries sustained in the workplace. If the decedent accepts worker’s compensation and gives up the right to sue, beneficiaries or surviving relatives also cannot sue for wrongful death. If a person’s death on the job was due to the negligent actions of a third party, however, Alabama’s worker’s compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for worker’s compensation through his or her employer.
If you have lost a loved one in any type of accident, you should seek the advice of an experienced Birmingham wrongful death attorney. The experts at The Walker Law Firm can help pinpoint the cause of the accident and identify the parties responsible for your loved one's death.
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