Under Alabama state law, any fatality that occurred due to negligence or avoidable circumstances is considered wrongful death. The families of the victim have the right to file a legal claim for wrongful death. An attorney can help these families manage the process for wrongful death in Bessemer, AL.
What Was the Avoidable Circumstances?
The attorney must work with the family to identify the exact reason for the fatality. For an auto accident- related case, the reason could attribute to a DUI. A medical malpractice case could identify an error such as the wrong treatment or a mistake made during a procedure. The point is to find the cause and define how it was avoidable.
Forensic Testing and Autopsies
Forensic testing is often used to connect the event to the fatality. These are experiments made by professionals to recreate the events identified by the victim’s family. This proves to be an opportunity for them to show how the death of their loved one could have been prevented. The autopsy defines the exact cause of the victim’s death, which could support the sequence of events defined by the forensic analysis.
Proving Negligence by the Defendant
The point of wrongful death should also show that the defendant was negligent. The case must connect them to the action that occurred; it must place them with the victim and prove that the fatality was their fault. A connecting criminal case could provide adequate support for this claim. If the individual is convicted, the family has a more viable chance with a civil lawsuit.
Evaluating the Monetary Award
The monetary award includes the medical and funeral expenses incurred. They may provide the family with the lifetime earnings of the victim, especially in cases where minor children are orphaned. The judge assigns punitive damages in cases such as a medical malpractice.
Alabama state laws provide families with the opportunity to file a wrongful death lawsuit under certain conditions. These families must show that the defendant had an alternative choice that could have prevented the fatality. Families who need help with wrongful death in Bessemer, AL should contact Forstman & Cutchen for further details today.
