When Can You Sue for Wrongful Death?
The shock and grief of losing a loved one to another person’s wrongful actions are often overwhelming. While pursuing a legal claim against the at-fault parties may be the last thing on your mind right now, it can be an essential to securing justice and financial security during a difficult time.
What Is Wrongful Death in Alabama?
In Alabama, when someone dies because of the “wrongful act, omission, or negligence” of another party, their estate can file a wrongful death suit against that party. The purpose of a wrongful death suit is to hold the responsible party accountable for the harm they caused by making them pay the estate.
Who Can File a Wrongful Death Case in Alabama?
The decedent’s estate files the wrongful death action through the personal representative named in their will. If the decedent died without a will, the court will appoint a competent individual. Spouses, partners, siblings, and even friends can be personal representatives.
However, if the decedent was a child, their parent can file a wrongful death suit within six months of the death. If the parents are not married, only the parent with legal custody can file. If parents wait longer than six months to file their claim, an appointed personal representative can file the action.
What Damages Are Recoverable in an Alabama Wrongful Death Case?
Wrongful death cases in other states allow compensation for losses like final medical costs, funeral bills, and pain and suffering. But Alabama takes a unique approach, focusing on the at-fault party’s wrongdoing and how to punish them for it.
Consequently, the Alabama Supreme Court has ruled that only punitive damages are appropriate in wrongful death cases. The purpose is to punish and deter other parties from engaging in the same behavior, rather than to compensate the estate or survivors for specific losses.
Alabama has no cap on punitive damages, so the jury can decide any amount deemed an appropriate punishment.
Survivors receive the damages through the closure and distribution of the decedent’s estate. Proceeds are not subject to paying the decedent’s debts or liabilities.
What Is the Wrongful Death Statute of Limitations in Alabama?
A statute of limitations sets a time limit for a party to take certain legal actions. The wrongful death statute of limitations in Alabama gives the personal representative or parent must file the lawsuit within two years from the decedent’s date of death.
Contact Serious Injury Law Group Today About Your Wrongful Death Case
Wrongful death cases are often complicated, especially as survivors are likely dealing with grief and despair. A personal injury attorney experienced in these cases may prove essential during this difficult time. They can take the burden of a legal case off the survivors’ shoulders, giving them the time and space they need during a painful time.
An Alabama wrongful death attorney with Serious Injury Law Group has the compassion, skill, and knowledge to help you in your moment of need. We know we cannot take the pain away, but we can lend you the personal and legal support you deserve. Contact our office today for a free consultation, and we’ll tell you how we can help.