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Helmsing Leach attorneys defend actions in which plaintiffs seek large compensatory and/or punitive damage awards for wrongful death and catastrophic injuries. We have tried these potentially high-verdict suits in challenging venues in Alabama and other states. We also have a proven track record working as members of collaborative legal teams to efficiently and effectively handle the most difficult catastrophic injury and wrongful death litigations.

What is Catastrophic Injury?

An injury is deemed catastrophic when it results in permanent injury, impairment, or disability. Examples include severe traumatic brain injuries, spinal cord injuries resulting in paralysis, severe burns, or loss of limbs. Catastrophic injuries not only affect the individual physically but also emotionally, socially, and financially, necessitating comprehensive support and legal recourse for adequate compensation. Conversely, those who are facing catastrophic injury claims and lawsuits need an experienced catastrophic injury lawyer to protect and defend their interests.

What is Wrongful Death?

Wrongful death, on the other hand, are lawsuits are filed when a party alleges that a death was caused by the actions of another person or company. These circumstances can arise from various incidents, including fatal accidents, medical errors, criminal acts, or unsafe premises. Wrongful death claims seek to hold responsible parties accountable for their actions or omissions, providing a legal avenue for surviving family members to pursue justice and financial compensation for their loss.

Lawyers for Catastrophic Injury and Wrongful Death in Mobile. AL

Helmsing Leach is well-versed in the unique Alabama Wrongful Death Act, which allows recovery only of punitive damages, even for deaths resulting from negligence. Our defense teams have successfully obtained favorable rulings on dispositive motions and trial verdicts in many wrongful death cases [add link to list of representative cases].

Our firm offers a wide range of legal services tailored to the unique needs of each client. From conducting thorough investigations to crafting robust defense strategies, we leave no stone unturned in our pursuit of justice for our clients. We also conduct thorough risk assessments to identify potential liabilities and vulnerabilities, which help minimize exposure to future legal challenges.

Helmsing Leach provides representation in all stages of legal proceedings, vigorously defending your interests and advocating for fair and just resolution.

Why Do You Need an Attorney for Wrongful Death Cases?

Despite taking precautions with employee safety and education, a company can still face wrongful death and catastrophic injury claims. At Helmsing Leach, we defend clients across several sectors including admiralty and maritime, aviation, mass tort, medical malpractice, product liability, railroad derailments, and toxic tort litigation. We also defend cases involving workplace injuries and premises liability.

Through our diligent efforts and steadfast advocacy, we have achieved numerous favorable outcomes for our clients.

Expertise: Our team comprises seasoned legal professionals with a wealth of experience in handling complex catastrophic injury and wrongful death claims. We have a deep understanding of the laws and regulations governing these cases, enabling us to craft robust defense strategies tailored to your specific needs.

Strategic Approach: We take a proactive approach to defense, meticulously analyzing every aspect of the case to identify strengths, weaknesses, and potential risks. Our strategic mindset allows us to anticipate opposing arguments and effectively counter them, positioning your business for a favorable outcome.

Results-Driven: We are committed to achieving positive results for our clients. Whether through negotiation, mediation, or litigation, we leverage our extensive resources and expertise to pursue the best possible outcome. Your success is our top priority, and we work tirelessly to deliver the results you deserve.

Success Stories

  • Obtained summary judgment for testing company in products and premises liability case involving severe burn injuries
  • Before filing of answer, obtained voluntary dismissal of wrongful death case arising out of boating accident in  Geneva County, Alabama
  • Obtained mandamus relief from Alabama Supreme Court mandating summary judgment in favor of client in wrongful death action
  • Obtained dismissal of chemical manufacturer in toxic tort wrongful death case in Wilcox County, Alabama
  • Resolved wrongful death case arising out of death of two-year-old in Sumter County, Alabama

Question & Answer

Catastrophic injuries can result from a wide range of accidents and incidents, each with its own set of contributing factors. These injuries commonly arise from workplace accidents, including construction mishaps or industrial incidents, where hazardous conditions or equipment failures lead to severe harm. Additionally, catastrophic injuries may stem from motor vehicle accidents, such as collisions involving cars, trucks, motorcycles, or pedestrians. Medical malpractice, defective products, violent acts, and recreational accidents, such as those occurring during sports or leisure activities, are also significant contributors to catastrophic injuries.

What can a victim recover from a catastrophic injury claim?

In seeking compensation for catastrophic injuries, individuals may pursue various forms of damages to address the extensive physical, emotional, and financial toll of their injuries. Beyond medical expenses and rehabilitation costs, which often constitute a significant portion of the claim, compensation may include lost income and earning capacity, both current and future. Furthermore, individuals may seek damages for pain and suffering, emotional distress, and loss of enjoyment of life resulting from the injury’s profound impact.
In Alabama, the right to file a wrongful death claim is typically vested in the personal representative of the deceased individual’s estate. This individual, appointed by the Probate Court, acts on behalf of the deceased and their beneficiaries to pursue legal action against the responsible party. However, exceptions exist for cases involving minor children, where parents may directly initiate a wrongful death lawsuit.
The statute of limitations for wrongful death claims in Alabama is set at two years from the date of the individual’s death. This means that individuals seeking to file a wrongful death lawsuit must do so within this timeframe to have their claim considered valid. If the claim is not filed within the two-year period, it is likely to be barred by the statute of limitations, and the courts may not allow the case to proceed. It’s essential for those considering such legal action to be aware of this timeframe and to take prompt action if they believe they have a valid claim.
In Alabama, wrongful death claims primarily seek punitive damages, which serve to punish the at-fault party for their wrongful actions and deter similar misconduct in the future. Unlike compensatory damages, which reimburse specific losses, punitive damages are intended to address the egregious nature of the defendant’s conduct and provide a measure of justice for the deceased and their loved ones. The amount of punitive damages awarded varies based on factors such as the severity of the misconduct, the defendant’s financial resources, and the impact of the loss on the surviving family members.