Baldwin County Bar Association
Alabama State Bar

Fatal Car Accidents

Motor Vehicle Collision Lawyers Assisting Victims in Foley and Surrounding Areas

If your family has suffered a tragic loss due to a fatal motor vehicle collision, a wrongful death action may be brought against the person or business that caused your loved one’s untimely death. Although nothing can bring back your family member, a settlement or judgment may help alleviate the financial burden often felt by people left behind. Foley car accident attorney Whit A. Thomas has been representing accident victims in many areas of Alabama since 1980, and he is here to help you seek maximum compensation in a fatal car accident case.

Filing a Wrongful Death Claim Following a Fatal Crash

A wrongful death action is similar to a personal injury claim in that it is usually based on the theory of negligence. In other words, the driver who caused the fatal accident must have acted carelessly in handling their vehicle, such as by running a red light or driving while distracted or intoxicated. There also must be a direct connection between the driver’s carelessness and the crash that caused the victim’s death. Liability depends on establishing that the fatal car accident likely would not have happened if the defendant had obeyed traffic rules and otherwise acted with the appropriate care.

The only person who is eligible to bring a wrongful death lawsuit in an Alabama court is the personal representative of the estate of the deceased person. A wrongful death case stemming from a fatal car accident generally must be brought within two years to comply with the statute of limitations, which restricts the time period for seeking compensation. The personal representative must identify with reasonable certainty the person or business whose “wrongful act, omission, or negligence” caused the victim’s death.

Another important consideration that is specific to Alabama is the type of damages that are available to wrongful death claimants. Punitive damages are the only damages that are available in these cases, rather than the compensatory damages that are generally sought in ordinary personal injury claims. However, it is not as challenging to obtain punitive damages in wrongful death cases as it is in personal injury cases, and these awards are often substantial. If the personal representative succeeds in proving their case, the defendant pays the settlement or judgment directly to the victim’s heirs at law.

Discuss Your Car Accident Case with a Foley Attorney

A wrongful death lawsuit is always a complicated endeavor, and this is especially true in Alabama. The many steps that must be taken, beginning with the opening of a probate estate, may be time-consuming. Experienced Foley attorney Whit A. Thomas has been handling fatal car accident cases for decades, and he has the knowledge and skill needed to pursue maximum compensation. He also represents people who need a wrongful death lawyer in Fairhope, Daphne, Gulf Shores, Mobile, Altmore, Monroeville, or other areas of Baldwin, Mobile, Escambia, and Monroe Counties. To schedule an appointment, call (251) 943-9330 or contact us online. There is no charge for the initial consultation, so there is no reason to wait to take this important step toward healing from the financial and emotional devastation caused by a loved one’s untimely passing.

Client Reviews
★★★★★
I thought you were a great attorney. Anytime that I would call you, if you were unable to answer then you would always return my call as soon as you could. Always kept me updated as to was we were on the case and always had answer to any and all my questions. Jackie Waldrep
★★★★★
When I was hurt in a rear end collision I was told about Whit Thomas by a family friend. I called and spoke to Mr. Thomas and after hearing the details of my case he agreed to take me on as a client. I would say that what I was most impressed with was his genuine concern for my well being and the professional way he handled my claim. He was quick to move, and kept me informed every step of the way. He negotiated with the insurance companies to get me what I feel like was a very fair settlement. I would recommend Mr. Thomas to anyone that has the need for legal representation, he won't let you down. Aaron Tucker
★★★★★
Mr. Thomas was referred to me by a friend after an unfortunate car accident. He met with me and my husband within three days of my first call. We were both impressed with how personable and professional he was and how comfortable he made us feel. He was always accessible and returned calls in a timely manner. It was apparent at the onset of our first meeting the level of his knowledge and experience in handling similar cases such as mine. We were more than pleased with the outcome of my case and would not hesitate to recommend him to others. Barbera Zander