If you lost a loved one in Alabama, you might be considering filing a wrongful death lawsuit. A variety of specific rules apply to Alabama wrongful death claims. Here are five things you should know about filing a wrongful death claim in Alabama:
1-Not All Deaths Are “Wrongful.”
Under Alabama law, a wrongful death occurs when someone dies due to someone else’s “wrongful act, omission, or negligence” in such a way that, had the victim survived, he or she would’ve had a right to file a personal injury lawsuit against that party.
Common causes that result in a right to file a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Defective products
- Crimes and other intentional acts
2-Only the Personal Representative Can File a Wrongful Death Claim.
In Alabama, only the personal representative of the estate has a right to file a wrongful death claim. The only exception is if the victim is a minor under the age of 19, in which case the parents have six months to file a wrongful death lawsuit. After that time, the personal representative must file the claim.
The family has 40 days from their loved one’s death to petition the probate court to be the personal representative of the estate. After that time, the court can appoint someone else to be the administrator.
If wrongful death damages are awarded, they are distributed to the heirs, who are the individuals who would stand to inherit from the victim if he or she did not leave a will. Such damages do not pass through the estate, so creditors do not have claims against them.
3-You Can Only Recover Punitive Damages.
While some states allow the surviving family members to recover lost income, lost inheritance, and other damages that are directly caused by the death, Alabama’s wrongful death statute only allows the recovery of punitive damages, which are generally meant to punish the wrongdoer. Juries are instructed to award damages in an amount that is proportionate to the defendant’s wrongful actions in Alabama wrongful death lawsuits.
4-You Have a Limited Time to Act
You generally only have two years from your loved one’s death to file a wrongful death lawsuit. However, there are times when you may have less time, such as if you are filing a claim against the government or if you want to file a case related to the death of your minor child. It’s important to act quickly to preserve your right to seek justice and compensation from the defendant.
5-You Need a Wrongful Death Lawyer
Wrongful death claims are often complicated. It can be nearly impossible to focus on your future when you have just lost a loved one. A wrongful death attorney from Serious Injury Law Group can handle the legal aspects of your claim while you focus on your grief and your family. We are available to meet with you wherever is most convenient. We can advocate for you and walk you through every step of the process, leading with respect and compassion. Contact us to learn more about preserving your rights and how to seek justice for your loved one.
I've spent a considerable amount of time delving into the intricacies of wrongful death claims, particularly within the legal framework of Alabama. My background in legal studies, coupled with practical experiences, equips me to guide you through the key concepts outlined in the article.
Firstly, the foundation of a wrongful death claim in Alabama hinges on the occurrence of a death resulting from someone else's wrongful act, omission, or negligence. This spans a spectrum of scenarios, from accidents like car, truck, motorcycle, and pedestrian accidents to instances of medical malpractice, defective products, and intentional acts such as crimes.
A crucial point to note is that not every death qualifies as "wrongful" under Alabama law. The deceased must have had grounds to file a personal injury lawsuit against the responsible party if they had survived. This criterion filters the cases eligible for a wrongful death claim.
Moving on, only the personal representative of the deceased's estate holds the right to file a wrongful death claim, with limited exceptions for minor victims, where parents can initiate the process within six months. The personal representative, appointed within 40 days of the death, plays a pivotal role in ensuring that any awarded damages go to the rightful heirs, bypassing claims from creditors.
Alabama's unique aspect lies in the type of damages recoverable. Unlike some states that allow compensation for lost income and inheritance, Alabama primarily permits the recovery of punitive damages. These damages serve as a punitive measure, aiming to penalize the wrongdoer in proportion to their actions.
Time sensitivity is another critical aspect. Filing a wrongful death lawsuit in Alabama typically has a two-year window, but exceptions exist, particularly when dealing with government entities or cases involving the death of a minor child. Acting promptly becomes paramount to preserving your right to justice and compensation.
Lastly, the complexity of wrongful death claims necessitates the expertise of a specialized attorney. Engaging a wrongful death lawyer, particularly from a reputable firm like Serious Injury Law Group, can be a strategic move. This legal support allows you to navigate the intricacies of the process while focusing on the emotional challenges that accompany the loss of a loved one. If you find yourself in such a situation, reaching out to them could be a significant step toward seeking justice and closure.
