Who can file a wrongful death suit?
Who can file a wrongful death suit? A personal representative is the only person who has the legal right to file a wrongful death lawsuit in Alabama. But what is a personal representative? Well, a personal representative is an individual, including a surviving spouse, who is entitled under the law of Alabama to a part of the property of the decedent who died without a will. For example, it could be a family member or simply a loved one.
To begin a standard wrongful death suit, a probate judge will appoint the personal representative. Next, the personal representative will get the estate open. Finally once that estate is open, we as attorneys get the order which gives us the authority to bring that lawsuit. Overall, this usually takes place in circuit court on behalf of the dead people.
Here at the Serious Injury Law Group, we’re very well versed with the system of getting estates open. We also have experience bringing and filing wrongful death lawsuits here in Alabama.
Are you dealing with a wrongful death suit? If you have any questions about lawsuits here in Alabama or in other states, call us. We understand what you’re going through. We’re here to help you through the journey.
Chuck James is a Mobile native who graduated from University of Alabama. Chuck has been practicing law since early 2000. Contact Chuck James today for help with your personal injury case. Free consultations. Locations in Birmingham and Montgomery.