Wrongful Death Attorneys Serving Mobile, Baldwin County & Southwest Alabama
Losing someone you love is a devastating experience. If your loved one died because of someone else’s negligence, a Mobile wrongful death lawyer can help you and your family seek the compensation you deserve. The attorneys at Morris, Andrews, Talmadge & Driggers, LLC have more than 130 years of combined experience representing those left behind after fatal accidents.
Coping with the loss of a loved one is challenging and painful. However, getting fair compensation and some amount of justice can give you and your family the resources and closure you deserve to move forward.
Get help from an experienced wrongful death attorney in Mobile, AL. Call Morris, Andrews, Talmadge & Driggers, LLC at 844.654.6228 or reach out to us online today for a FREE and confidential case review. Our wrongful death lawyers serve clients throughout Mobile and Baldwin counties and all of Alabama.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal claim that seeks damages for the death of a loved one due to the negligence of another. In Alabama, wrongful death claims may be brought for any action where the decedent would have had a personal injury claim had they survived (Code of Alabama § 6-5-410).
Types of Wrongful Death Claims in Mobile, Alabama
Morris, Andrews, Talmadge & Driggers, LLC is Alabama’s leading personal injury law firm. We handle a wide range of injury cases, as well as claims for families whose loved one did not survive their injuries.
Our team can take action if your family member tragically died because of the following:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Construction Accidents
- Slip & Fall Accidents
- Nursing Home Abuse & Neglect
- Dog Bites
- Accidents on Unsafe Property
- Defective Products
- And More
Our firm has recovered millions of dollars in compensation for clients. This includes several multi-million-dollar recoveries in wrongful death cases.
Who Can File a Wrongful Death Claim in Mobile, Alabama?
The death of one person can impact countless lives. For the purposes of a wrongful death claim, however, there is only one individual who can take legal action: the personal representative.
A personal representative is tasked with managing the deceased individual’s estate. They may be named in the decedent’s will, or the court may need to appoint a personal representative if the person died with no will or estate plan.
Only the personal representative can file a wrongful death claim unless the decedent was a minor, in which case one or both parents have the right to make a claim (Code of Alabama § 6-5-391). Any compensation that is recovered must be distributed to surviving beneficiaries.
A Mobile wrongful death lawyer at our firm can help if you have been named the personal representative of your loved one’s estate and they died suddenly in an accident. Our attorneys can fully discuss your legal options and assist with all aspects of your claim.
How Do I Make a Wrongful Death Claim?
Sometimes a settlement can be reached without having to file a lawsuit. Morris, Andrews, Talmadge & Driggers, LLC can draft a demand letter and submit it to the defendant’s insurer. Insurers will evaluate the actions of the defendant and the risks of going to trial. They may decide that a trial is too risky and be willing to negotiate a settlement.
Our goal in negotiating a settlement is to obtain justice for you and your loved one. Significant compensation may be at stake in a wrongful death claim, but we are committed to securing the optimal result.
If the insurer refuses to make a fair offer, our attorneys can file a lawsuit on your behalf. This involves identifying which court has jurisdiction (for matters in Mobile County, this would be the Thirteenth Judicial Circuit Court) and submitting a complaint.
Once the parties involved in the lawsuit are notified and have a chance to respond, we begin the process of exchanging and requesting information. This is known as discovery, and it’s an integral part of trial preparation.
Settlement negotiations may continue or restart at any point. If the matter proceeds to trial, it is our job to persuade the court that (a) the defendant is liable for wrongful death and (b) punitive damages are warranted.
How a Wrongful Death Attorney in Mobile Can Help
Few things are as devastating as losing your loved one to an unexpected accident or injury. You need time to heal, not grapple with complex legal issues. Hiring a Mobile wrongful death lawyer enables you to protect your rights and take some of the burden off your shoulders.
At Morris, Andrews, Talmadge & Driggers, LLC, we often work with people when they are at their lowest. This may be in the aftermath of a serious injury or, even worse, the death of someone they love. No one expects to be in these terrible situations, so it is important to know that you have a trustworthy advocate on your side.
Our team can help you by:
- Reviewing your case for free.
- Investigating the incident that led to your loved one’s untimely death.
- Determining all available legal options; this may include a wrongful death claim and a survival action.
- Collecting evidence of the negligence or wrongdoing; this may include photographs, witness testimony, investigative reports, medical records, coroner and autopsy reports, etc.
- Enlisting expert witnesses to review the evidence and provide opinions on fault, causation, etc.
- Negotiating a fair settlement with insurance companies.
- Preparing your case for trial; this may include filing a lawsuit with the proper court, pre-trial motions, discovery, and (if necessary) presenting the case at trial.
People hurt by others’ carelessness and wrongdoing deserve justice. Holding the responsible party accountable will not erase the tragedy that has occurred, but successful legal action can give your family peace of mind and provide you with much-needed financial support. Sometimes, the only way to achieve this is with the help of a wrongful death attorney in Mobile, AL.
Testimonials From Former Clients
Love, love, love these people! When no one out there seems to care, let me tell you that this group right here will fight tooth and nail for you.
Cory was absolutely fantastic. He settled my case beyond what I could even imagine. Not only was he very knowledgeable concerning the law, he was available whenever we needed him, Cory was also so kind and courteous to us at all times. During the time since my case ended I have called on Cory several times to ask questions related to situations I have had going on and he has always been available to help me. I would recommend Cory without a second thought to any friend, family member, co-worker or acquaintance.
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me. I can’t express how impressed I was with him.
“Never in a million years did I believe that these attorneys would do everything possible to seek justice.”
“I’ve had Joey take care of three separate cases and two for other family members. The service was always great and he was always there to answer my questions no matter how many times I called. Great m …”
“Our family is so thankful for Mark, Dan and their entire team. Every step of the way they made sure we were comfortable and understood every aspect of our case. It was apparent that our interest was …”
I would recommend Mr. Driggers to anybody needing legal help him and his staff first of all are very nice to you and act like they are very understanding to your needs. He talked to me on the phone like he knew me all my life and that really mattered to me. When we had our hearing he treated me like he had already met me and he hadn’t, I just really loved him and have already been telling people about him and his office.
Cory and his staff are very professional and make you feel at ease whether it is by phone or in person. My case was solved quickly and very efficiently. Thanks for everything!!
Attorney Driggers and his team did a wonderful job with my case. They were professional and pleasant. They were patient with me and answered all my questions. They addressed all my concerns from the first conversation to the last. I would highly recommend him to anyone needing an attorney.
Mr.Driggers is a wonderful Lawyer that knows the law, he helped me when I had no idea in my situation where to start and what to do, he worked with me hands on and got the best results for me in my case. It was a privilege to get to know him as my lawyer and a friend. If you need legal representation call him you will be satisfied.
Joey (and his team) was extremely helpful in a time when we did not know what to do. His professional approach gave us assurance while he settled our case.
The staff handled my case in a prompt and professional manner. They returned my calls in a timely fashion and was always prepared to answer any questions. Furthermore, Attorney Driggers is a Christian man and first class professional. I am certainly happy that i was represented by this Law Firm.
I would highly recommend Cory Driggers. He kept me informed all during my case. I never felt left in the dark. He was always straightforward with me . I can’t express how impressed I was with him.
Hired Joseph Morris to handle my car accident and he did a great job at handling the case and explained the process as the case went. I would highly recommend him.
“I was pleased with their work and the outcome of my case.”
Cory Driggers represented my daughter following an car accident. He showed real genuine care for her and the case. He and his staff worked to get all of the medical bills gathered and also to get them decreased. Cory kept us updated and contacted my daughter when decisions needed to be made. Ultimately, Cory got what my daughter deserved for her injuries and my daughter was completely satisfied. I would recommend Cory to anyone that is looking for a good Christian attorney. Thanks Cory for your help!
What Is the Statute of Limitations?
You will need to file a lawsuit within 2 years of your loved one’s passing. Claims against cities and counties have special rules for providing a notice of claim. You may have separate notice/presentment deadlines (often 6 months for municipalities and 12 months for counties).
We urge you to take legal action as soon as possible. You don’t want to miss a critical deadline and lose the opportunity to pursue compensation for the loss of your loved one.
Our wrongful death attorneys in Mobile waste no time investigating your case and collecting evidence while it is still fresh. We are mindful of all legal time limits and will, if necessary, file a lawsuit within the statute of limitations.
What Damages Can I Recover for Wrongful Death?
Alabama law is uniquely restrictive in the damages that can be recovered in a wrongful death claim. Most states allow for the recovery of compensatory damages, such as funeral and burial expenses, loss of income, and emotional anguish. In Alabama, punitive damages are the only type of compensation available for wrongful death.
Punitive damages are awarded to punish the person or company that was negligent, not to compensate you and your family for your losses. They are also designed to deter others from engaging in similarly harmful actions.
In personal injury claims, punitive damages are capped at $500,000 or three times the value of compensatory damages (Code of Alabama § 6-11-21). That limit does not apply in wrongful death cases.
The amount of compensation you and your family may be entitled to depends on the circumstances. For example, the punitive damages awarded for negligence are likely to be less than if the at-fault party engaged in deliberate, egregious behavior.
Is There Any Way to Get Compensatory Damages?
Yes, but very specific conditions must be met. First, the claimant must have filed a personal injury lawsuit for the incident before they passed away. The claim survives the victim’s death, with the right to continue the case passing to the personal representative (Code of Alabama § 6-5-462). It is now known as a survival action.
The claimant may have initially sought compensatory damages such as medical expenses, lost wages, pain and suffering, etc. With their death, surviving family members now incur these losses themselves. Compensation for these damages may be recovered through the survival action.
Our Mobile wrongful death lawyers know that catastrophic injuries may ultimately prove fatal. In addition to experienced legal guidance throughout your survival action, we provide compassionate support in this emotionally trying time.
What Do We Have To Prove in a Wrongful Death Case?
You need to show that your loved one’s death was caused by someone else’s negligence. This can be difficult if you don’t have qualified legal help. A wrongful death lawyer in Mobile can make sure you meet each of the elements needed for your case to succeed:
1. Duty of Care
A duty of care is a responsibility to act safely in a particular situation. For example, drivers must obey the rules of the road, property owners need to take reasonable steps to ensure the premises are safe for visitors, etc.
You will need to show that the other party owed your loved one a duty of care. Duties are often implied (for example, being cautious behind the wheel), but an experienced attorney will also be able to establish any statutory duties the at-fault party may have had.
2. Breach of the Duty of Care
You will also need to show that they breached the duty of care. Multiple types of negligence may constitute a breach, depending on the circumstances.
One all too common example is a motorist who drives drunk and causes an accident in which someone is killed. Drunk driving is a breach of the driver’s duty toward others on the road, so the drunk driver may be held responsible for the fatal accident.
3. Causation
Finally, you will need to show a clear and direct link between the breach of duty and your loved one’s death. In Alabama, wrongful death claims may originate from any “wrongful act, omission, or negligence” on the part of the at-fault party.
Causation can be a complex issue. It is frequently the source of disputes. Morris, Andrews, Talmadge & Driggers, LLC can gather evidence and prepare a strong claim on your behalf.
Notable Verdicts & Settlements
Why Choose Morris, Andrews, Talmadge & Driggers, LLC?
You can expect Morris, Andrews, Talmadge & Driggers, LLC to work hard for you. Our commitment to hard work is apparent in our focus on high-stakes litigation, not just scoring easy settlements and moving on to the next case.
Our attorneys are recognized in Alabama and throughout the Southeast for representing individual clients and multiple plaintiffs in mass tort litigation. Mass torts involve multiple victims who are seriously injured or even killed under similar circumstances. These cases require exhaustive investigations and deft navigation of multiple jurisdictions.
People also choose us because of our compassionate and down-to-earth approach. We believe it’s important for people to feel comfortable talking to their lawyer, not intimidated. Our team is always available to answer questions or discuss any concerns.
Contact a Mobile Wrongful Death Lawyer Today
The death of a loved one is heartbreaking. Losing them suddenly to another’s negligence is even more traumatic. You probably aren’t thinking too hard about your legal options, but filing a wrongful death claim can be beneficial for your family and help you honor your loved one.
At Morris, Andrews, Talmadge & Driggers, LLC, we have the experience and tenacity to skillfully navigate complex legal claims with ease. Our wrongful death attorneys are wholeheartedly dedicated to offering sound advice and creating practical solutions when it seems there are none. No matter the nature or difficulty of your particular case, rest assured we are prepared to go the distance.
Your initial consultation is FREE, and you don’t pay fees unless we win. Call 844.654.6228 today to speak with a Mobile wrongful death lawyer. Our firm serves clients throughout Alabama, Florida, and Georgia.
