A wrongful death occurs when a person dies as the result of another party’s negligence, wrongful act, or failure to act. For the families left behind, the losses are profound: grief, medical expenses, funeral costs, and lost income.
At Wheeles & Garmon, our wrongful death attorneys help families understand their legal rights and pursue the full compensation they are entitled to. We have spent decades holding negligent parties accountable, from defective firearm manufacturers to negligent drivers, and we bring that same commitment to every wrongful death case we handle.
Common Cases of Wrongful Death
Wrongful death claims arise from a wide range of circumstances, including:
- Defective Firearms: Our defective firearm attorneys represent families in cases where design or manufacturing flaws lead to fatal gun malfunction injuries.
- Defective Consumer Products: Beyond firearms, defective household products, appliances, and other consumer goods can cause fatal injuries when they fail to perform safely as designed.
- Commercial Trucking Accidents: Fatalities often involve complex federal safety regulations and multiple layers of corporate liability.
- Car Accidents: We investigate distracted driving, speeding, and impaired driving that result in fatal collisions in the Birmingham and Cullman areas.
- Premises Liability: We pursue claims when a property owner’s failure to maintain safe conditions or provide adequate security results in a fatal injury.
- Boating Accidents: We pursue compensation for fatalities occurring on Alabama’s lakes and rivers caused by operator impairment, excessive speed, or catastrophic equipment failure.
Who Is Eligible to File a Wrongful Death Claim?
Eligibility to file a wrongful death lawsuit in Alabama depends on the age of the person who died:
- Adult (19 or older): Only the personal representative of the deceased’s estate can file a claim.
- Minor (18 or younger): Parents have six months to file a claim, after which the personal representative must file.
Because the right to file is strictly limited, families should speak with an attorney promptly to confirm who is eligible to file and ensure no deadlines are missed.
Understanding Alabama’s Wrongful Death Laws
Alabama is the only state in the country that limits wrongful death damages exclusively to punitive damages, meaning the law measures the defendant’s conduct, not the family’s financial losses.
This does not lessen the value of a claim; it simply shifts the focus. When the defendant’s conduct was reckless or showed conscious disregard for the safety of others, punitive damages can be significant, but they require clear, well-supported evidence of that conduct.
What Pure Contributory Negligence Means for Your Case
Alabama follows pure contributory negligence, one of the strictest standards in the country. Under this rule, if the deceased is found to bear any degree of fault for the incident, even a small percentage, the family may be barred from recovering anything at all.
Opposing parties and their insurers often raise contributory negligence early in the process to undercut a claim. Establishing early that the deceased bears no fault for the incident is the most effective way to counter that defense.
In a system this strict, families need a legal team that understands Alabama’s rules and knows how to build a case that holds up under scrutiny.
Building a Strong Wrongful Death Claim
Because wrongful death damages in Alabama are tied directly to the defendant’s conduct, the quality of evidence is what drives the outcome. Our role is to uncover the truth of what happened and present a clear, well-supported case showing that the defendant’s conduct warrants accountability under Alabama law.
Because wrongful death can result from many different types of incidents, we tailor our investigation to the facts of your case.
That investigation may include:
- Accident reconstruction
- Mechanical and engineering analysis (especially in firearm and product‑defect cases)
- Preservation and testing of defective products
- Documentation, such as photos, videos, and physical evidence
- Black‑box and electronic data retrieval
- Discovery of internal records and manufacturer documentation
- Expert testimony from engineers, medical professionals, and industry specialists
- Analysis of safety violations, regulatory breaches, and prior similar incidents
- Surveillance footage, dashcam video, and CCTV recovery
What Families Can Expect During the Legal Process
We begin with a thorough review of the facts to determine whether the circumstances support a wrongful death claim.
From there, our team conducts a full investigation: identifying responsible parties and building the body of evidence needed to pursue accountability. Once the claim is filed, we handle all communication with insurers and defense counsel, working toward a resolution that reflects the full weight of the defendant’s conduct.
Many cases resolve through negotiation without going to trial. When the other side refuses to offer an appropriate resolution, we are prepared to take the case to court. Throughout the process, we keep families informed and involved at every stage.
Seek Justice After a Wrongful Death: Schedule a Free Consultation
From our offices serving Birmingham, Cullman, and surrounding Alabama communities, Wheeles & Garmon brings more than 40 years of collective legal experience, including a background in law enforcement, to every wrongful death case we handle.
If you lost a family member due to another party’s negligence or wrongful conduct, contact us today for a free, confidential consultation. We will review your situation, explain your legal options, and help you determine the best path forward. For most cases, we work on a contingency fee basis; you pay nothing unless we recover compensation for you.