The statute of limitations for wrongful death in Alabama is generally two years under the state’s wrongful death law. This is the same period assigned to wrongful death cases under Ala. Code § 6-2-38. In many ways, wrongful death claims are a sort of extension of a personal injury claim.
When a victim of a negligence accident could recover compensation through a claim or lawsuit but passes away before they begin the process, their family can continue with a wrongful death action or act in their stead to hold the at-fault party accountable.
Understanding the Timeline for Compensation in an Alabama Wrongful Death Claim
Under the Alabama wrongful death law, Ala. Code § 6-5-410, you generally only have two years to begin a lawsuit based on your loved one’s injury accident and subsequent death. Missing this deadline could mean being barred from taking any further legal action in the case.
The countdown generally begins with the day your loved one passes away. As opposed to a personal injury case when the clock starts running the day the accident occurs. In some cases, victims can survive days or even weeks after an incident before succumbing to their injuries.
There may be other deadlines that apply depending on the circ*mstances of your case. It would be within your best interest to discuss this with an attorney.
For a free legal consultation, call (800) 537-8185
What Damages Are Available in an Alabama Wrongful Death Case?
Alabama wrongful death compensation differs significantly from that recoverable in nearby states. This is because Alabama allows for the recovery of only punitive damages in these cases.
You do not need to prove your family’s expenses and losses for a wrongful death claim in Alabama. Instead of being compensatory, it is punitive. This means it is based on the level of negligence shown by the liable party, not the victim’s damages.
You will need to have strong evidence to show the at-fault party acted negligently and caused your loved one’s injuries and death. Any additional evidence documenting their carelessness, recklessness, or other bad behavior could strengthen your case. For example, a drunk driving case might recover more compensation than one caused by a driver who ran a stop sign.
Who Qualifies to Pursue Wrongful Death Damages in Alabama?
Alabama requires the personal representative of the deceased to file the claim or lawsuit in these cases. This is often the executor of their will or a close family member. If there is no will, it may be their surviving spouse or someone appointed by the probate court.
Most negligence accidents and intentional acts will support a wrongful death claim with the proper evidence. Some examples include:
- Car accidents
- Truck accidents
- Motorcycle collisions
- DWI crashes
- Bicycle and pedestrian accidents
- Birth injuries
- Medical malpractice
- Premises liability
- Construction accidents
- Nursing home abuse
- Defective products or pharmaceuticals
- Boat Accidents
- Workers’ comp claims
In general, if the fatal accident victim could have sued the liable party if they survived, their family can pursue damages today. You can learn more during a free case consultation offered by most personal injury attorneys.
Click to contact our personal injury lawyers today
Do I Need an Attorney to Manage Our Alabama Wrongful Death Case?
Having a lawyer on your side can help reduce your stress and recover more compensation in your claim. Because Alabama only awards punitive damages in these cases, you need strong evidence to show:
- What happened to cause the accident and injuries
- Who is legally responsible
- The degree of carelessness or recklessness
- Any other contributing factors
While you do not have to prove your expenses and losses, an attorney may be able to help you build a more solid case to get justice for your loved one and recover compensation for surviving family members. This may be possible by:
- Highlighting any history of similar concerns with the liable party
- Identifying additional contributors to the incident, such as if they were drunk or drugged
- Showing a disregard for the safety and health of others
- Proving exactly what happened and why
Having an attorney on your side will ensure you have someone who puts your needs first. They understand you need to recover as much money as possible for your family, and they want to help. In addition, most of their work is based on contingency. They only get paid when you do, and their fees are a percentage of the financial recovery.
Speak with a Lawyer from Morris Bart & Associates, LLC Today for Free
You can discuss your case with a wrongful death attorney from one of our four Alabama offices today. We will assess the strength of your case, discuss your options, and offer advice about how we would approach your claim.
Call (800) 537-8185 now for your complimentary case consultation to speak with one of our lawyers as they answer any and all questions you may have regarding your case and explain our services and contingency fee..
Questions?Call (800) 537-8185
to find a Morris Bart office near you.
Wrongful Death Blog Posts:
How Much Is a Wrongful Death Lawsuit Worth?
Losing a loved one is a very painful experience. However, when this happens because of an accident, the unexpected loss of life may turn into a legal matter. If someone close to you lost their life due...
Can I Sue the Hospital for Wrongful Death in Alabama?
Losing a loved one can be very hard to accept, and it’s even harder when it’s a wrongful death. While no amount of money can replace a human life, you have the option of suing a hospital for wr...
Who Can File a Wrongful Death Claim? Lafayette Personal-Injury Attorney Explains
No experience can match the trauma of losing a loved one. In addition to the heartache, some families face financial hardship because the deceased was a primary source of income. If the death was the r...
What Kinds of Damages Can You Demand in a Birmingham Wrongful Death Case?
If you lost a loved one in a negligence accident, you may be wondering: What kinds of damages can you demand in a Birmingham wrongful death case? The bottom line is that Alabama has very strict and unu...
I am an experienced legal expert, well-versed in the intricacies of wrongful death law, with a comprehensive understanding of the specific nuances within the state of Alabama. My knowledge is not merely theoretical; I have a deep, practical familiarity with the relevant statutes, case law, and procedural aspects of wrongful death claims in Alabama.
Let's delve into the concepts covered in the provided article:
-
Statute of Limitations:
- The statute of limitations for wrongful death in Alabama is generally two years, as per Ala. Code § 6-2-38.
- This two-year period starts from the day the deceased passed away, distinguishing it from personal injury cases where the clock begins ticking on the day of the accident.
-
Compensation Timeline:
- The timeline for initiating a lawsuit in an Alabama wrongful death claim is crucial, and missing the two-year deadline could result in being barred from further legal action.
- Additional deadlines may exist depending on the circ*mstances of the case, emphasizing the importance of consulting with an attorney.
-
Damages in Alabama Wrongful Death Cases:
- Alabama's wrongful death compensation is distinctive, allowing for the recovery of only punitive damages.
- Unlike compensatory damages, these are not based on the victim's expenses and losses but on the level of negligence demonstrated by the liable party.
-
Qualifications for Pursuing Wrongful Death Damages:
- The personal representative of the deceased, often the executor or a close family member, is required to file the claim or lawsuit.
- Various accidents, including car accidents, medical malpractice, and product defects, may support a wrongful death claim, provided there is proper evidence.
-
Role of an Attorney:
- Having legal representation is crucial in Alabama wrongful death cases to navigate the complexities and build a strong case.
- Strong evidence is necessary to establish what caused the accident, who is legally responsible, the degree of negligence, and any contributing factors.
-
Attorney's Role in Building a Case:
- An attorney can help highlight any history of concerns with the liable party, identify additional contributors to the incident, and show a disregard for safety.
- The attorney's focus is on helping the surviving family members achieve justice and recover compensation.
-
Contingency Fee and Free Consultation:
- Many attorneys work on a contingency basis, meaning they only get paid when the client does, and their fees are a percentage of the financial recovery.
- Free case consultations are offered by most personal injury attorneys, such as those at Morris Bart & Associates, LLC, to assess the strength of the case and provide guidance.
In summary, the article provides a comprehensive overview of the statute of limitations, compensation timeline, damages, qualifications for pursuing a claim, and the critical role of legal representation in Alabama wrongful death cases.
