Negligence in Birmingham Wrongful Death Claims

The majority of Birmingham wrongful death cases are litigated under the legal theory of negligence. Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to another. If a person’s negligence causes the wrongful death of someone to whom that person owes a duty of care, he or she may be liable for damages resulting from the person's death. However, proving negligence in a wrongful death claim can be difficult. In order to show negligence, the experienced Birmingham wrongful death lawyers at The Walker Law Firm must undertake an exhaustive review of all factors involved in the accident.

Typically, wrongful death cases involving claims of negligence stem from incidents such as motor vehicle accidents, workplace accidents, drownings, and medical malpractice. In order to demonstrate to the judge or jury that the defendant was negligent in a Birmingham wrongful death case, the following must be proven:

1. That the defendant owed the deceased a duty of care. In highway accidents, for example, drivers generally owe a duty of care to all other motorists on the road.

2. That the defendant breached that duty of care by failing to prevent a foreseeable risk of death.

3. That the defendant’s breach of duty caused the decedent’s death.

4. That there are monetary damages resulting from the death.

Alabama law follows the legal doctrine of contributory negligence, which bars you from recovering any amount of damages if you were in any way responsible for causing the accident. Thus, if the judge or jury in your Birmingham wrongful death suit decides you are even 1% at fault for causing your  own injuries, then you will be prohibited from recovering any damages. Family members who were not at fault for causing the accident that caused the death of a loved one, however, may bring suit. Contact the Birmingham wrongful death attorneys today at (877)-925-5373 to discuss the details of your wrongful death case.

In all matters involving Birmingham wrongful death, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been the victim of wrongful death, call the Birmingham wrongful death lawyers at The Walker Law Firm now at (877) 925-5373 or SUBMIT A FREE CASE EVALUATION. The initial consultation is free of charge, and if our Birmingham wrongful death attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Birmingham wrongful death lawsuit must be filed before the statute of limitations expires.