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5 Things to Know About Wrongful Death Claims

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:

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.