Wrongful Death Lawyer in Alabama

Fighting for Maximum Compensation for Those Injured in Car Accidents

Jacob Maples holds an AV Preeminent Rating, a distinction earned by only ~10% of lawyers.

Suffering After a Car Accident? You May Be Owed Compensation

There’s no easy way to experience the loss of a loved one, but when that loss is due to the negligence of someone else, you owe it to yourself to find out if you are owed compensation. Jacob A. Maples: The compassionate and experienced Wrongful Death Attorney Huntsville trusts to seek justice for your loved ones. If you’re reading this, you may have lost someone you love because someone else was negligent. You’re probably overwhelmed with grief. Your family may have had their financial stability pulled out from under them. You are likely searching for someone you can trust to help you with a wrongful death claim. We are here to help. Our law firm offers free legal advice about wrongful death claims.

Alabama Rules for a Wrongful Death Claim

People sometimes hesitate to look into a wrongful death claim because they aren’t sure if their situation qualifies. Already caught in an emotional tailspin of shock and grief, the possibility of opening a claim is sometimes too much for them. Read on for information about specific aspects of the law in wrongful death claims in Alabama to help you understand your rights.

wrongful death attorney

1. Wrongful death is defined as a death in which a person dies because of an act that was negligent or otherwise determined to be wrongful. This includes omissions, which are considered wrongful when taking action could have prevented the death. Wrongful death in Alabama is further clarified in that had the victim survived, they would have had the right to pursue a personal injury claim against the at-fault party

2. A wrongful death claim must be brought by the personal representative or the administrator of the decedent’s estate. If no one has been appointed the personal representative, or the person who has died was the estate administrator, the family has 40 days after the death to petition the probate court to assign a new personal representative of the estate. Beyond 40 days, the court may appoint an administrator of their choosing. The damages from the wrongful death claim are awarded to the heirs of the estate but do not go through the estate. This prevents creditors from accessing the award, which is also not taxed by either the state or federal government.

3. The state of Alabama does not allow plaintiffs to recover any type of damages except punitive damages for wrongful death claims. These claims are intended to send a message to the at-fault party that their behavior will not be tolerated and will be punished. While this means that damages specifically for lost income or pain and suffering are not available, the cap on punitive damages is $1.5 million.

How Can A Wrongful Death Attorney Alabama Help Me?

People sometimes think they can save money by handling their claims without the help of a lawyer. Typically, people who move forward with their claims receive far less compensation than people who retain legal counsel. Our wrongful death attorney Huntsville can help you in several ways. One of them is protecting the value of your claim. Like other personal injury claims, wrongful death claims are vulnerable to being devalued and denied by the insurance company. The insurance company will grasp any reason they can to prevent you from collecting damages to save money. They use many tactics toward this goal. While their methods may not be familiar to you, our wrongful death attorney Huntsville knows what kinds of tricks the insurance company will throw at your claim and won’t fall prey to them. A prime example of this is the insurance company’s request to record your statement about what happened in the event in which your loved one was killed. They may imply that this is a call to help you, not harm your claim, but this simply isn’t true. The insurance company is looking for information they can use to deflect blame for your loved one’s death. You probably won’t realize it when you’ve said something they can use, but they’ll know. Their questions are specifically designed and asked in a way that produces answers they can use. They often ask the same question from several angles to try and catch the claimant in a contradiction or else say something they can use against the value of the claim. Because your attorney will see this coming and avoid it, your best course of action is to delegate all communications to your wrongful death attorney Huntsville. They will know just what to say and what not to say to the insurance adjuster to protect your wrongful death claim. With as much as you’re going through right now, the last thing you need is a mental “chess match” with the insurance company. Your loved one does not deserve to have the accident that took their life callously blamed on them. Retaining a wrongful death attorney in Huntsville also helps protect the value of your claim because it gets the insurance company to take you seriously. Without a lawyer, the insurance company is likely to push back on your claim with denials and delays, hoping you’ll give up. After all, if they don’t offer a fair settlement, you’re not going to be a threat on your own. But with a lawyer by your side, the insurance company knows if they fail to negotiate a settlement, they’ll have to go to court. This possibility often brings about much higher settlement offers. Having a reputable wrongful death attorney in Huntsville gives you the legal leverage you need to get results for your claim. Another benefit of retaining an attorney is handing off the burden of your claim to your lawyer. Your claim will get expert attention, maximizing your chance of success, and you’ll gain the ability to focus on your family during this difficult time.

How You Can Help Protect Your Wrongful Death Claim

As you begin a wrongful death claim, there are steps you can take yourself to protect your wrongful death claim until you’ve selected the right lawyer to help.

Don’t Talk to the Insurance Company

We’ve mentioned the importance of having a lawyer take over communications with the insurance company. This is one of the most effective ways to prevent them from succeeding in devaluing your claim. Just assume that anything you say can and will be used against you if you speak to them directly. You don’t need the stress, and your lawyer will know how to handle communications without harming your claim.

Don’t Put Off the Attorney Consultation

You are probably facing the most difficult experience of your life right now. It may be that you can wait to begin your claim, but this is something you must find out from an attorney. Every wrongful death claim is unique to the circumstances of that claim. Statutes of limitations on filing vary depending on the case. Our wrongful death attorney Huntsville wants to support and guide you through your claim, starting with answering your questions. The consultation is free. Find out how long you’ve got to get a claim started to make sure you don’t lose your ability to seek compensation. The insurance company is going to try to reach you soon after the accident report is filed. This is something you can turn over to your attorney, instead of having to take it on alone at great risk to your claim.

Hire The Best Wrongful Death Attorney in Huntsville for Your Claim

Wrongful death claims are particularly vulnerable to the mistake of hiring the first attorney you encounter or that’s been recommended to you. Because you are so in need of support and guidance right now, however, this is the time to choose your attorney very carefully. Your brother’s divorce lawyer may be excellent, but unless he spends much of his time working on wrongful death claims, he’s not the right attorney for your claim. This is not a mistake people typically make with doctors. If they need their foot operated on, they go to a podiatrist. But all too often people trust that anyone with a law degree can take on your claim. Understandably, you may not be up to looking through attorney websites, reviews, and ratings. We recommend you ask a friend or family member to help you with this. Chances are, they’ll be grateful for a way to help you right now. Ask them to look for a personal injury trial lawyer with experience winning wrongful death claims, both through negotiation and at trial. Retaining a trial lawyer is going to benefit your claim. Even if the claim settles, it’s likely to settle faster and for a higher amount when the insurance company sees you’ve hired a trial lawyer. They may opt to settle to avoid a trial. And if they refuse to settle, your lawyer will be ready to pursue them in court to bring you justice.

The Insurance Company Has a Playbook. So Do We.

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Jacob Fights For You.

He handled my case with speed and efficiency. I couldn’t be happier with his services. Thank you for all your hard work and dedication.

Tori Rhodes

My experience with Jacob Maples was great! I appreciate him and his paralegal Lisa! They are easy to talk to, explain detail for detail, and will keep you updated on everything. Hands down great experience!

Autumn Coleman

ABOUT INJURY ATTORNEY

Jacob A. Maples

Alabama injury lawyer Jacob Maples holds an AV Preeminent Rating from Martindale-Hubbell; a distinction only held by approximately 10% of all attorneys. His focus is on representing individuals with personal injury claims and insurance carrier disputes. Jacob’s career began in Birmingham, Alabama, serving as an associate in an insurance defense law practice. There he gained valuable litigation experience, honing his skills across the state of Alabama. He became frustrated, however, by the treatment accident victims received and made the decision to switch sides. Jacob now represents individual clients victimized by personal injury accidents and insurance company abuses. His passion is standing up for the rights of people facing these challenges.

Jacob Maples Injury Attorney in Alabama