Your Dothan, Alabama Wrongful Death Attorneys
For any family, the death of a loved one is a particularly difficult event to endure. When that death arises from the negligent acts or omissions of another party, the difficulty is all the more profound. Such instances call for the assistance of attorneys who are knowledgeable of and experienced with the intricacies associated with pursuing a wrongful death claim in Alabama. The attorneys at The Cochran Firm – Dothan have the knowledge, experience, and, just as importantly, the empathy to provide the assistance such a difficult situation requires.
Understanding Wrongful Death Claims in Dothan, Alabama
Wrongful Death Statutes in Alabama
Wrongful death cases in Alabama are governed by statutes found in the Alabama Code. The first, § 6-5-410, states that a personal representative may bring an action for wrongful death in a circumstance where one is killed due to the wrongful act, omission, or negligence of another. Before the action can be brought, the appropriate probate court must appoint a personal representative to act on behalf of the decedent’s estate with respect to the wrongful death action. Any recovery is distributed according to the statute of distributions, a provision in the law that specifies how the estate is divided if a decedent passed without a will. Notwithstanding the fact that the decedent in a wrongful death case may have had a will, that portion of the estate attributable to a wrongful death recovery will be distributed pursuant to the statute of distributions. The law requires that a wrongful death action must be filed within two years “from and after the death of the testator or intestate.” Failure to file the action within the time required will negate the ability to pursue what otherwise was a meritorious claim. It is important to remember the claim must be filed by a duly appointed personal representative and it must be filed prior to the two-year time limit. As the personal representative must be in place prior to the filing, it is best to secure the services of an experienced wrongful death attorney well before the two-year period has expired.
Wrongful Death of a Minor
The second operative statute applicable to wrongful death cases in Alabama is § 6-5-391, which covers instances where the decedent is a minor. This section provides that when the death of a minor is caused by a party’s wrongful act, omission, or negligence, the father or mother may pursue the claim. It should be noted that under § 6-5-390, it is possible for one who is not the natural mother or father to pursue the claim if that individual has been given legal custody of the minor. Additionally, § 6-5-391 provides that should the parents be deceased, or should they decline to initiate an action within six months from the date of death, a personal representative may be appointed to pursue the claim. As with § 6-5-410, any proceeds recovered pursuant to § 6-5-391 are distributed according to the statute of distributions and the claim must be filed within two years of the date of death.
Circumstances Leading to Wrongful Death Claims in Dothan, Alabama
There are many circumstances that can tragically result in the death of a loved one, warranting the pursuit of a wrongful death claim. It may be a collision with a large commercial truck, another passenger vehicle, or the cause may arise from a defective product. Regardless of the underlying cause, the attorneys at The Cochran Firm – Dothan have decades of experience which enables them to effectively assess cases and to pursue a course that leads to a successful conclusion.
Contingency Fee Basis
Our firm works on a contingent basis, meaning you do not have to worry about being billed on an hourly basis. Instead of an hourly fee, we retain a percentage of the recovery when the claim is successfully concluded, and only when it is successfully concluded.
Secure Fair and Just Compensation in Dothan, Alabama with The Cochran Firm - Dothan
The attorneys with The Cochran Firm – Dothan have the knowledge and experience to secure fair and just compensation for you in the event you lose a loved one due to wrongful death. Our attorneys have represented people just like you for over forty years. When you need help following a wrongful death, please feel free to call our office. At The Cochran Firm – Dothan, we are here when you need us.
National Reach with Local Expertise
Remember, the attorneys at The Cochran Firm – Dothan are part of the larger family of Cochran Firm offices located throughout the United States. For our clients, this means access to the collective knowledge and experience of a vast array of attorneys who have collectively won more than $30 billion on behalf of their clients. This means access to attorneys with particularized subject matter expertise in a broad range of personal injury cases, ranging from commercial vehicle litigation, medical malpractice matters, defective products, and more. Cochran Firm attorneys regularly lecture at continuing legal education seminars so that other attorneys may benefit from their vast experience with complex cases.
Areas We Serve
While the attorneys with The Cochran Firm – Dothan have worked with cases throughout the United States, our primary service area includes Alabama, Northwest Florida, and Southwest Georgia.