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Attorney Portrait Wrongful Death

How Wrongful Death Attorney Fees Work

After a loved one’s death, you will likely experience many emotions and stresses. If your loved one has passed away due to another’s actions or negligence, you may consider seeking legal help. It is essential to understand attorney fees and how they work for wrongful death cases. If you believe you have a wrongful death claim, Fob James Law Firm is here to help. What Are Attorney Fees? Attorneys provide a service, and their services come with fees. While there are no average lawyers fees, every attorney has different fees, and the way they collect these fees can depend on the type of case. Some attorneys require a deposit or retainer, and their fees depend on how many hours they spend working on your case. Other attorneys work on a contingency fee basis. When consulting with your attorney about a possible case, it is important to discuss fees. An honest discussion can give you a better idea of what you can expect.  What Is Wrongful Death? A wrongful death lawsuit typically arises when a loved one dies at the hands of another. The defendant in a wrongful death case has caused a death, whether through negligence or intentional actions. The deceased person’s family or estate can file a wrongful death lawsuit to recover for the death. Wrongful Death Attorney Contingency Fees Generally, wrongful death attorneys work on a contingency fee basis. This means that you do not pay your attorney while they work on your case. Instead, your attorney will receive a payment if they win your case and recover on your behalf.  There are no average attorney fees for wrongful death cases. The amount your attorney receives after your case will depend on the percentage they charge and the amount of damages recovered. Wrongful death attorneys typically receive 33-40% of a settlement.  Contingency fees are beneficial to clients because many cannot pay massive upfront costs or monthly fees. Many potential clients refrain from filing claims because they believe they do not have the required funds to do so.  If you believe you have a wrongful death claim, do not hesitate to contact an attorney as soon as possible. Benefits of Having a Wrongful Death Lawyer Wrongful death cases can be challenging and confusing to handle. Add in the sadness a loved one’s family usually experiences, and a wrongful death claim can seem almost impossible to bear. Fortunately, a wrongful death attorney gives you peace of mind and the time to grieve, saving you from the frustrations of a lawsuit.  A lawyer handles every responsibility associated with a wrongful death lawsuit, including: Thoroughly investigating the claim; Collecting evidence; Interviewing witnesses and experts; Communicating with the opposing party; Calculating damages;  Settlement negotiations; and Trial, if necessary. A wrongful death attorney gives you the best chance at just compensation. Consult with a Wrongful Death Attorney Today Fob James Law Firm has over four decades of experience representing clients wronged by others. We understand the trying times a wrongful death can bring and don’t want clients to go through it alone. Our firm provides aggressive representation while we fight to protect your rights and work toward fair compensation. We offer free case reviews. Contact us today, and let’s see how we can help you.

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Attorney Portrait Articles

Alabama Medical Malpractice Statute of Limitations

If you or a loved one has suffered an injury resulting from medical malpractice, you may consider filing a medical malpractice lawsuit. However, you do not have forever to file your lawsuit, as there is a statute of limitations restricting your time. Do not hesitate to contact an Alabama medical malpractice attorney as soon as possible. Alabama Statute of Limitations for Medical Malpractice Cases Statutes of limitations can significantly impact your case and right to recovery. A statute of limitations is a law imposed on every type of case restricting the amount of time a victim has to file their lawsuit. In Alabama, the statute of limitations for medical malpractice cases is two years from the date of the incident. If you fail to file your lawsuit before the time clock has run, you forfeit your right to recover for your injuries. The Discovery Rule While the typical Alabama med mal statute of limitations gives you two years to file your lawsuit, the discovery rule may delay the time clock. This rule applies to those who have no reasonable way of knowing they have fallen victim to medical malpractice. The discovery rule states that if a victim did not discover or could not have reasonably discovered the medical malpractice within the two-year timeframe. The lawsuit may then commence within six months of the discovery of the malpractice or the date of discovery of facts that should have led to the discovery of malpractice, whichever is earlier. Statute of Limitations for Minors For medical malpractice on minors, the statute of limitations is handled differently. In Alabama, minors have four years to file their medical malpractice lawsuit. If a child was under the age of four when the medical malpractice occurred, the child will have until their 8th birthday to file their lawsuit. Statute of Repose Alabama has a statute of repose for medical malpractice cases. A statute of repose places an absolute deadline on a victim’s ability to file a medical malpractice lawsuit, regardless of when they discovered or could have discovered the malpractice. This statute provides that a medical malpractice lawsuit cannot commence more than four years after the medical malpractice occurred. The statute of repose does not apply to minor children, who are subject to their own statute of limitations.  Contact an Alabama Medical Malpractice Attorney The two-year statute of limitations for medical malpractice in Alabama may seem like a long time, but it is not. Before you know it, the two years will be up, and you will be unable to recover what you are owed for your injuries. The best way to ensure your case is filed promptly is to contact an Alabama medical malpractice attorney. Your attorney will gather the details of your case and begin working right away. The sooner you contact an attorney, the more quickly they can start working on your case.  Fob James Law Firm has over 40 years of experience with medical malpractice cases in Alabama. We understand the stress and frustration that come from such a challenging time, and we’re here to help in any way we can. Our firm takes on fewer cases to give each case the time and attention it deserves. We give you the care and compassion you need while aggressively fighting for your rights. Our firm offers free case evaluations. Contact us online or call our firm at (205) 784-2945 today, and let’s discuss your case. 

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Articles

Wrongful Death FAQ in Birmingham: What You Need to Know

If you lost a loved one in an accident caused by someone else, you and other family members could be experiencing devastating emotional pain. If you relied on the victim’s income and assistance, you might also be experiencing profound financial uncertainty. Pursuing a legal claim for wrongful death can be a highly effective way to get justice for the loss of your loved one and hold the at-fault party responsible for their wrongful actions. If you are considering a legal claim, you likely have many questions about your rights and how the process works. The wrongful death attorneys of the Fob James Law Firm can help you through this unthinkable experience and pursue the justice you deserve for your losses. What Is Wrongful Death? Wrongful death is typically defined as a fatality occurring due to another person or entity’s actions. In most cases, the at-fault party acted with negligence or recklessness, but wrongful death can also arise from intentional actions, such as assault. What Is a Wrongful Death Action? When a wrongful death victim’s survivors legally pursue justice and financial compensation for their loss, we refer to this as a wrongful death action. You can pursue resolution through an insurance claim and settlement or by filing a civil lawsuit in court. No settlement or jury award can undo the harm you have suffered, but recovering compensation can provide the economic stability you need to survive. However, Alabama’s wrongful death tort law provides you with the ability to hold the at-fault party accountable and make an example of them for their actions. What Is the Average Wrongful Death Settlement in Birmingham, AL? The details of every case are unique to the victim and their family. This makes it virtually impossible to estimate the average amount of Birmingham wrongful death settlements. Talking to an experienced personal injury attorney is the most effective way to determine what your case value might be. What Can You Claim in a Wrongful Death Case? Alabama’s wrongful death laws are unique in that claimants may not recover compensatory damages—only punitive damages. In other words, you cannot recover compensation for any actual damages you suffered, such as funeral expenses, lost financial support, pain and suffering, etc. You can, however, pursue legal action to hold the at-fault party responsible for their wrongful acts. Financial awards in this type of claim are known as punitive damages. Punitive damages serve to punish the at-fault party and hold their wrongful actions up as an example for others. What Are the Most Common Causes of Wrongful Death? Although victims can lose their lives in any type of accident, these are some of the most common causes of wrongful death in Alabama. Car accidents, Motorcycle accidents, Truck accidents, Defective product failures, Slip and fall accidents, Criminal assault, Nursing home abuse, and Medical malpractice. No matter what type of accident claimed the life of your loved one, talking to an experienced attorney can help you make the right choices for your future. Talk to a Birmingham, AL Wrongful Death Tort Attorney Now The experienced wrongful death lawyers of the Fob James Law Firm understand what you’re going through. We work tirelessly to help protect your legal rights and get you the compensation you deserve.Call us at 205-407-6009 or contact us online now to learn more or to talk to a Birmingham wrongful death lawyer now.

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Alabama Wrongful Death Statute of Limitations

In Alabama, surviving family members may have the right to pursue legal action when a loved one dies due to another party’s wrongful actions. Depending on the details of your case, you may be eligible to recover compensation in the form of punitive damages. To recover compensation in this manner, however, an eligible party must file a civil lawsuit within the limited time allowed under state law. Understanding the statute of limitations and how it affects your claim is critical to protecting your legal rights and preserving your right to recover compensation. What Is the Alabama Statute of Limitations for Wrongful Death? In most cases, the Alabama wrongful death statute of limitations allows you only two years from the date of the victim’s death to take legal action in a wrongful death claim. If a legal claim is not filed within this period, you could lose your right to pursue legal action and recover compensation. In some cases, you have even less time to file a lawsuit for wrongful death. If a city government or entity was to blame, you must take legal action within six months. If a county government was at fault, you must file suit within 12 months. In some cases, you may be able to “stop the clock” on the statute of limitations (known as “tolling”). However, the ability to toll the statute is limited to a small set of potential circumstances. Talking to an attorney is the best way to help you determine the deadline for filing legal action in your case. How to File a Wrongful Death Suit in Alabama The process through which you must bring a wrongful death action in Alabama is highly complex and potentially confusing, especially if you are not familiar with the state’s unusual laws. Before a wrongful death claim can be filed, Alabama law requires that a personal representative of the victim be officially designated. The personal representative then brings legal action for the victim’s wrongful death. Although you can undertake this process on your own, it could delay your ability to pursue a legal claim if you aren’t familiar with the process or run into many obstacles along the way. Having an experienced attorney working on your behalf helps protect your legal rights and ensures that your claim is handled in a timely manner. In many cases, your attorney can successfully negotiate a settlement with the at-fault party’s insurance company. In other cases, however, you might need to pursue a civil suit, making the timeframe of your case even more critical. How to Prove a Wrongful Death Claim The elements of a wrongful death suit in Birmingham are essentially the same as they are throughout Alabama and across the United States. You must demonstrate that the at-fault party’s wrongful actions caused the injury that ultimately cost your loved one their life. To prove the elements of negligence, your attorney will investigate the circumstances of the victim’s accident and gather evidence and information to demonstrate liability.  In most states, a victim’s family members can pursue compensation for any actual damages they suffered as a result of their loss. In Alabama, however, you can recover only punitive damages in a wrongful death action. Punitive damages are intended specifically to punish the at-fault party for their wrongful actions and to discourage others from committing wrongful acts in similar situations. Any damages that are awarded as a result of an Alabama wrongful death claim go directly to the victim’s heirs, rather than to the victim’s estate. This means that the family members who are closest to the deceased, such as a spouse or children, will receive the compensation, even if the deceased person named others in their will. Experienced attorneys understand how to build the most persuasive case possible, help you get justice for your lost loved one, and hold the at-fault party responsible for their actions. Let a Birmingham, AL Wrongful Death Lawyer Help At the Fob James Law Firm, our experienced wrongful death attorneys will fight to help you get the best possible outcome for your case. You don’t have to face this challenging time alone. We handle every aspect of your case, allowing you to take the time you need to grieve and spend time with loved ones. We offer a no-cost, no-obligation consultation, including options for video and phone consultations. We will evaluate your case and help you make the right choice for you, your family, and your future. You can contact us online or call 205-407-6009 now for help from one of our compassionate and knowledgeable wrongful death attorneys in Birmingham, AL.

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Attorney Portrait Articles

How Much Can You Sue for in a Birmingham Wrongful Death Case?

If you’ve lost a family member as the result of someone else’s wrongful act or negligence, you may be entitled to file a wrongful death case. Under Alabama law, the decedent’s personal representative can file a wrongful death case if the decedent could have filed a personal injury suit had he or she survived. If you are considering filing a Birmingham wrongful death case, you should consult a personal injury attorney. If you have a wrongful death claim, our personal injury attorneys at the Fob James Law Firm will fight to get you the compensation you deserve. Who Can File a Wrongful Death Case in AL? In Alabama, only the personal representative of the decedent’s estate can bring a wrongful death claim. This rule is different from many other states, which allow close family members of the decedent to file a wrongful death case. If the decedent died with a will, the will names the personal representative. However, if the decedent died without a will, then the court appoints the personal representative. Additionally, the personal representative must bring the case within two years of the decedent’s death. What Types of Damages Can You Receive in an AL Wrongful Death Case? Alabama wrongful death law is not as favorable to people seeking to file a wrongful death claim as in other states. In Alabama, the decedent’s personal representative can sue only for punitive damages, not compensatory damages. Further, punitive damages are capped at a maximum of $1,500,000.  Although this may seem like a large sum of money, punitive damages do not include compensation for things such as: Medical expenses,  Lost wages, Pain and suffering, and  Loss of consortium. Not frequently given in personal injury lawsuits, courts award punitive damages to punish the defendant and deter others from engaging in similar conduct. Who Receives Damages in AL Wrongful Death Cases? The decedent’s heirs receive damages awards in Alabama wrongful death cases. The personal representative does not directly receive damages. Alabama’s intestacy laws determine the identity of the decedent’s heirs. Depending on who survives the decedent, the heirs are usually a spouse, children, grandchildren, or parents. The heirs could be different than those named in the decedent’s will because it may not have named all heirs. However, it is possible that the personal representative is also an heir and will receive damages. How Can a Personal Injury Attorney Help Me? If you’ve lost a family member as the result of an accident, you should contact our Birmingham personal injury attorneys at the Fob James Law Firm. Our aggressive attorneys can help you file a wrongful death claim and will strive to get you the compensation you’re entitled to. Our attorneys are dedicated to representing others who have suffered a loss resulting from someone else’s negligence or wrongful act. With more than 40 years of experience, we will give your case the attention it deserves. Contact us today to schedule your free consultation.

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Attorney Portrait Articles

Do I Have a Wrongful Death Case?

If you lost a family member due to injuries caused by another party, you may have the right to seek compensation. Whether your loved one died due to injuries sustained as a result of a car accident, a truck accident, a slip and fall accident, medical malpractice, or another wrongful act, the at-fault party should be held accountable. An Alabama wrongful death attorney can help you pursue justice and financial restitution. Talking to an experienced personal injury attorney is the best way to determine the viability of your case. Your lawyer can also provide you with information regarding the potential value of your claim. What Is the Alabama Statute of Limitations for Wrongful Death? The Alabama statute of limitations for wrongful death is two years from the date of the victim’s death. If you fail to file court action within this period, you could lose your legal right to recover compensation for your damages. Some exceptions to the statute of limitations could affect your claim. For example, if the at-fault party is a city or municipality, you or your lawyer must file a notice of your claim within six months of the death. If you plan to pursue an Alabama county for wrongful death, you must file a notice of your claim within one year of the death in most cases. How Long Do I Have to File a Wrongful Death Lawsuit in Alabama? The Alabama wrongful death statute of limitations leaves little room for delay. By quickly initiating a legal claim, you can protect your legal right to recover compensation. Taking quick action provides other benefits as well. The sooner your attorney can get started on your case, the better. As time passes, evidence can be lost and witnesses’ memories can fade. When you allow your attorney to start building your case immediately, you can focus on spending time with loved ones and handling the many other tasks and responsibilities you face. Who Can File an Alabama Wrongful Death Claim? Alabama law requires that a personal representative of the victim’s estate bring any wrongful death action. Because of the personal representative’s involvement, the victim’s estate must be opened in probate court.  Initiating probate proceedings poses its own set of legal challenges. Consulting an attorney can help ensure that your claim meets the state’s legal requirements. In the event that the victim was under 18, the victim’s mother or father can commence legal action. If both the mother and father are already deceased, or if neither mother or father commences legal action within six months of the victim’s death, a designated personal representative can pursue a legal claim. How Are Wrongful Death Proceeds Divided in Alabama? Although a personal representative of the victim must initiate legal action, the personal representative does not recover the settlement or jury award granted in an Alabama wrongful death action. The proceeds of the claim will be distributed to the victim’s heirs through probate..Even if the victim died with a will, the probate court will disburse any proceeds in accordance with Alabama’s inheritance laws rather than following the will. This distribution depends on whether the victim had a spouse, children, or surviving parents. An Alabama wrongful death attorney can explain how the state law applies to your case and how it could affect your potential settlement. Talk to An Alabama Wrongful Death Lawyer Today If your loved one died due to the actions of another party, talk to an experienced attorney as soon as possible. The personal injury lawyers of the Fob James Law Firm understand how difficult this time is, and we are here to help you. We provide personalized legal representation tailored to your specific needs, and we fight to get you and your family the justice you deserve. Call (205) 407-6009 to contact us today to schedule a no-cost case evaluation with one of our Alabama wrongful death attorneys.

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