Wrongful Death Lawyers in Mobile, AL
Compassionate Advocacy for Families in Alabama and Beyond
When someone dies due to the negligence or wrongful conduct of another person, the victim is not only robbed of his or her life: Their family is also forever robbed of a cherished loved one. This grief becomes even more difficult to bear when there is a substantial loss of income and the family’s finances are put at risk.
While nothing can ever truly compensate for this kind of tragedy, filing a wrongful death claim can lighten some of the financial burden caused by a loved one’s death – and ensure that the responsible party is unable to hurt other families through the same negligence.
At Cunningham Bounds, our Mobile wrongful death attorneys have handled hundreds of cases and are committed to achieving the best possible outcome every time. Since 1958, our firm has recovered billions of dollars in verdicts and settlements on behalf of Alabama residents.
We want to help you find peace of mind in the wake of a terrible loss.
We are here to help. Call our Mobile wrongful death attorney today at (251) 299-0101 or send us a message online to get started on your case with a free consultation.
Seeking Justice for Your Loved One
The loss of a loved one due to someone else's negligence or wrongful actions can be devastating. Our Alabama wrongful death lawyers understand the emotional and financial toll that comes with such a tragic event. We provide compassionate and aggressive advocacy for families in Alabama who have lost a loved one due to wrongful death.
When you work with us, you can expect:
- Personalized attention and support throughout the legal process
- Thorough investigation and gathering of evidence to build a strong case
- Skilled negotiation with insurance companies and responsible parties
- Litigation expertise to pursue maximum compensation for your loss
If you believe you have a wrongful death claim, don't hesitate to reach out to our team today for a confidential consultation. We are here to help you seek justice for your loved one and hold those responsible accountable for their actions.
Who Can Sue for Wrongful Death in Alabama?
In personal injury law, wrongful death is one of the types of “damages” available to victims after a serious accident. However, because the victim is deceased, a wrongful death lawsuit can only be brought by specific family members and loved ones who were affected by the victim’s death.
In Alabama, wrongful death claims can be made by any of the following:
- Surviving spouses
- Children
- Parents
- Grandparents
- Siblings
Establishing Negligence in a Wrongful Death Case
As with any other personal injury claim, you will need to show that another individual or organization directly caused serious injuries through negligence. A person or group of people can be considered “negligent” when they violate the standard “duty of care” that was owed to the victim in a given situation.
For example, a driver who decides to drink alcohol before getting behind the wheel will almost always be considered negligent in a car accident, as drunk driving is one of the leading causes of car crash fatalities across the country.
Additionally, you can pursue a wrongful death claim when your loved one was the victim of an intentional wrongful action or a crime, such as a physical assault. Although prosecutors may decide to file criminal charges against the defendant in these instances, you are still entitled to bring a lawsuit through the civil justice system and hold them accountable there.
To establish a wrongful death claim, you will need to demonstrate the following:
- That the defendant (or the party responsible for your loved one’s death) acted in a negligent or wrongful manner;
- That this negligence or wrongful action directly caused your loved one’s accident; and
- That you and any relevant family members have suffered financial and emotional losses as a direct result of your loved one’s death.
Common Causes of Wrongful Death
Wrongful death lawsuits often arise from cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Industrial accidents
- Defective products
- Property hazards
Who Can File a Wrongful Death Lawsuit?
In Alabama, only the personal representative (executor) of the deceased person’s estate may file a wrongful death lawsuit. This individual may be named in the deceased’s will or appointed by the court.
Although the personal representative files the claim, any damages awarded are distributed to the heirs — typically the spouse, children, or parents — according to state law.
If the decedent was a minor child, the parents may have the right to bring the claim directly. However, if both parents are deceased or decline to file, the personal representative can proceed on behalf of the estate.
Given the procedural complexity, having an experienced wrongful death attorney guide you through the process can make a significant difference in ensuring your claim is filed correctly and within the legal deadlines.
Compensation for Wrongful Death
Alabama’s wrongful death system focuses on punishment rather than compensation. The damages available are intended to penalize the responsible party for their misconduct and discourage similar behavior in the future.
However, while Alabama does not award compensatory damages in wrongful death claims, surviving family members may pursue separate claims for certain financial losses in specific situations — such as survival actions for medical expenses before death or claims related to property damage.
- The amount of punitive damages awarded can vary based on factors such as:
- The severity of the misconduct or negligence involved
- The financial status of the defendant
- The circumstances surrounding the fatal incident
Because these cases rely on proving wrongful conduct, it’s essential to gather strong evidence — including accident reports, witness statements, expert opinions, and more. Our Mobile wrongful death lawyer can help ensure every piece of evidence supports the maximum possible recovery.
Statute of Limitations for Wrongful Death
In Alabama, when a loved one is lost due to the negligence or wrongful act of another, the family members may have a right to seek compensation for their loss through a wrongful death claim. However, it is important to note that Alabama law sets a time limit, known as the statute of limitations, for filing such a claim.
The statute of limitations for wrongful death cases in Alabama is two years from the date of the individual's death. This means that if the claim is not filed within two years of the date of death, it may be barred forever. Seek legal advice as soon as possible to ensure that your rights are protected and that you do not miss the deadline for filing a claim.
Wrongful Death FAQs
What makes Alabama’s wrongful death law unique?
Alabama is the only state that allows punitive damages only in wrongful death cases—meaning the compensation is meant to punish the wrongdoer, not to cover medical bills, lost wages, or emotional suffering.
Can a criminal case affect a wrongful death lawsuit?
Yes. A wrongful death case is separate from any criminal proceedings, but a criminal conviction (such as for manslaughter or homicide) can strengthen the civil claim.
How long does a wrongful death lawsuit take in Alabama?
The timeline varies depending on the complexity of the case, available evidence, and whether it settles out of court or goes to trial. Some cases resolve within months; others take a year or more.
Do I need a lawyer to file a wrongful death claim?
Yes. Because Alabama’s wrongful death laws are unique and punitive-only damages can be complex to pursue, working with our Mobile wrongful death attorney is essential to protecting your family’s rights.
Tell Us About Your Case
If you have lost a loved one due to another’s negligence, we invite you to speak with our Mobile, AL wrongful death lawyers as soon as possible. We are committed to helping you regain a stable financial footing and fight for justice.
At Cunningham Bounds, our experienced lawyers can help you understand your rights, present you with a realistic course of action, and help you move forward. By demanding a high level of attention to every case, we’ve often achieved record-setting verdicts and settlements for our clients whose loved ones were killed by the negligent or wrongful conduct of others.
Call (251) 299-0101 or send us a message online to arrange a free consultation with our wrongful death attorneys in Mobile, AL.
The Cunningham Bounds Experience
A HISTORY OF LEGAL EXCELLENCE
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With Us, It's PersonalThroughout your case, our team will always be accessible, responsive, respectful, honest, and compassionate. Our clients can attest to our high level of service and the longstanding relationships we have forged with them.
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Committed to Our CommunityWe believe in giving back to our community. We provide pro bono (no cost) legal services to those in our community who can’t afford legal representation. We also support local charitable organizations by donating our time, money, and expertise.
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With You to the EndUnlike most plaintiff law firms, we have our own appellate practice, which means we can stay involved in your case throughout the appeals process. We keep fighting until the case is over.
Millions Paid to our Co-Counsel Attorneys Across the Nation
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$140 Million Verdict for Wrongful Death of a Patient
The attorneys at Cunningham Bounds recovered a $140 million verdict for the wrongful death of patient due to medical transcription errors.
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$65 Million Nursing Home Negligence
Cunningham Bounds achieved a wrongful death verdict in this nursing home negligence case.
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$15.1 Million Wrongful Death of a Helicopter Lineman
Cunningham Bounds obtained a $15,134,832.59 arbitration award on behalf of the minor son of a lineman who was tragically killed in a helicopter crash while returning from a job site.
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$10 Million Death After Thumb Surgery
On August 4, 2023, the Alabama Supreme Court affirmed a $10 million judgment on a Mobile County jury’s verdict for the family of a man who died at Springhill Medical Center following a successful surgery to repair a cut on his thumb.
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$9 Million Wrongful Death Case Involving Two Fatalities
"These guys are just that good."There are not many plaintiff’s firms that impress the way these guys do.
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