Lost a loved one in a Birmingham crash? Cory Watson Attorneys has recovered more than $4 billion for clients, and our fatal car accident lawyers work alongside our Birmingham personal injury attorneys to hold the responsible driver accountable.
Call (205) 328-2200 any time for a free case review. You pay nothing unless we win.
How Can We Help Your Family After a Fatal Crash?
Families soon face funeral costs, hospital bills, and adjusters asking for recorded statements. We take those calls so you don't have to. A fatal crash also raises questions a typical Birmingham car accident claim never does, from probate appointments to punitive damages.
We know the roads where these cases start, including Malfunction Junction at I-20/59 and I-65, the Red Mountain Expressway near Vulcan Park, and U.S. 280 through Homewood.
Location shapes the case. The crash report may come from Birmingham Police, the Jefferson County Sheriff's Office, or state troopers, and a lawsuit may belong in the Birmingham or Bessemer Division of the Jefferson County Circuit Court.
Which Fatal Crashes Do We Handle Most Often?
- Impaired driving. In 2024, 277 of Alabama's 962 traffic deaths involved an alcohol-impaired driver, according to NHTSA's 2024 state alcohol-impaired driving estimates. Nationwide, 11,904 people died in these crashes, 30% of all traffic deaths. Alabama's Dram Shop Act can also hold a business responsible for serving alcohol to a driver who was already visibly intoxicated.
- Speeding and reckless driving. Evidence of racing or extreme speed can show wanton conduct. That matters because Alabama wrongful death damages depend on how blameworthy the driver was.
- Commercial vehicles. Interstate trucking companies must follow federal safety rules, and many must carry federally required liability coverage well above what a typical driver carries.
- Distracted driving. Phone records and traffic signal data can help prove a driver was not watching the road.
- Hit-and-run and underinsured drivers. When the at-fault driver fled, had no insurance, or had too little, your family's uninsured/underinsured motorist coverage may fill the gap.
What If the Driver Who Caused the Crash Drove Off?
Your family may still have a case. Alabama treats an unidentified hit-and-run driver as uninsured, and uninsured motorist (UM) coverage applies when a crash causes a death, not only an injury.
In a fatal case, the estate's personal representative brings the UM claim. Coverage can come from more than one source, so we review every auto policy in your loved one's household and on the vehicle involved.
Two things can't wait. Camera footage near the scene is often overwritten, and a claim against the city over a dangerous road has a notice deadline far shorter than the lawsuit deadline. We work with law enforcement to identify the driver and prove fault.
Wrongful Death Damages Available Under Alabama Law
Punitive damages are the exception, not the rule. They are awarded only when a statute expressly authorizes them. In most injury cases, Alabama's punitive damages statute allows them only on strong proof that the driver acted wantonly, maliciously, fraudulently, or oppressively.
The Alabama Wrongful Death Act is the key exception for families. It expressly authorizes punitive damages, and they are the only damages available in a wrongful death case. The amount depends on how blameworthy the driver's conduct was, not on your loved one's income.
Surviving passengers can pursue medical bills, future care costs, documented lost wages, and pain and suffering.
Who Can File a Fatal Car Accident Claim in Birmingham?
Only the estate's personal representative can file. This is often a spouse, adult child, or parent appointed by the probate court in the county where your loved one lived.
When a minor child dies, a parent may file first. If the parents do not file in time, the child's personal representative may. Learn more about Alabama wrongful death claims.
Alabama's Statute of Limitations for Fatal Accident Claims
In most cases, Alabama gives families two years to file a wrongful death lawsuit. The clock starts on the date of death, which may be later than the date of the crash, and missing the deadline usually ends the case.
Some deadlines arrive even sooner. City claims carry a much shorter notice period, and many insurance policies require prompt notice. Call us early so we can protect every deadline that applies.
Why Do Birmingham Families Trust Us?
What Results Have We Won for Alabama Families?
Our results include a $10 million jury verdict in a fatal hit-and-run case, won for the children of a pedestrian killed in Jefferson County. Past results do not guarantee a similar outcome.
Can We Help With Probate?
Yes. We help families get a personal representative appointed through the probate court, including the Jefferson County Probate Court.
Will You Know Who to Call?
You can reach our Birmingham team 24/7 at (205) 328-2200, and we'll give you plain answers at every stage. Once you're a client, you can also follow your case and get updates through the Case Status app.
What Does It Cost?
Nothing unless we recover compensation for your family.
How Our Attorneys Support Your Family Through the Process
- Free consultation. Call us or use our free case review form.
- Investigation and strategy. We obtain the crash report from the investigating agency, whether that's Birmingham Police or the Alabama Law Enforcement Agency.
- Handling the claim. We manage probate, insurance negotiations, and court filings.
Ready to Talk With a Birmingham Fatal Car Accident Lawyer?
Call (205) 328-2200 or use our free case review form.
What Do Families Ask Us Most?
Where Will Our Case Be Filed?
A wrongful death case can be filed only in a county where your loved one could have sued if they had survived. That usually means the county where the crash happened or where the at-fault driver lives. A case against a company may also be filed in the county where it has its principal Alabama office. In Jefferson County, the case may be heard at the courthouse downtown or in the Bessemer Division, and we confirm the proper court to avoid delays.
Can We Still Recover if Our Loved One Was Partly at Fault?
Alabama follows contributory negligence, so insurers often argue that any fault by the person who died bars recovery. That defense does not apply if a jury finds the other driver acted wantonly, and evidence of drunk driving or extreme speed can support that finding. Talk with us before accepting an insurer's account.
Where Is Our Birmingham Office?
We are on Magnolia Avenue South in Five Points South, serving Avondale, Ensley, Crestwood, Hoover, Homewood, and Bessemer.
Cory Watson Attorneys, Birmingham Office: 2131 Magnolia Ave. S., Birmingham, AL 35205 · (205) 328-2200
You don't have to carry this loss alone.