Can Multiple Family Members Claim Wrongful Death Benefits?

In Alabama, multiple family members can claim wrongful death benefits when a loved one dies due to another person’s negligence, such as in a car accident or due to medical malpractice. However, different family members cannot file separate wrongful death claims. The wrongful death benefits from a single, successful lawsuit will go to multiple family members of the deceased.

Under Ala. Code § 6-5-410, only one person can file a wrongful death lawsuit — the personal representative of the deceased person’s estate. The law does not allow each family member or person who was financially dependent on the decedent to bring a separate case, no matter how close they were to the person who died. The only exception is for cases involving the wrongful death of a minor. Under Ala. Code § 6-5-391, parents have six months to bring a wrongful death claim after the death of their child.

If the wrongful death claim succeeds, the court will compensate the estate. Unlike most other states, Alabama does not allow awards of compensatory damages in wrongful death cases. Compensatory damages are monetary awards intended to compensate claimants for their losses, including funeral costs, medical bills, lost income, and emotional distress.

Instead, Alabama law allows only punitive damages in wrongful death lawsuits. The goal of ordering punitive damages is to punish the wrongdoer for the conduct that caused the death and to discourage others from similar behavior.

When a court or jury awards punitive damages, they do not consider the impact of the loss of financial support and financial hardship that a wrongful death causes for surviving relatives or their emotional suffering, including the surviving spouse, surviving children, or surviving parents.

Even though only the personal representative can file one wrongful death lawsuit, the money from the case does not stay with the personal representative. Instead, the state distributes the award according to Alabama’s intestate succession laws, including funds for the decedent’s surviving spouse. Under the state’s wrongful death statute, these intestate succession laws apply even if the person had a will.

If you are looking to file a lawsuit after losing a family member due to someone else’s negligence, contact Gartlan Injury Law. You can receive a free consultation with an experienced Alabama wrongful death lawyer who can answer your questions.

Who Can Be a Personal Representative in an Alabama Wrongful Death Lawsuit?

In Alabama, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This person handles legal matters for the estate. If the deceased had a will, the will should name an executor who may act as the personal representative. Many people name a spouse, adult child, or close relative for this role. The executor must receive court approval to serve as the personal representative.

The probate court will appoint someone if the deceased person did not leave a will. This person is usually a close family member, like a spouse, parent, or adult child. The court can name another trusted person if no close family member steps forward. The personal representative does not need to live in Alabama. Still, they must meet the court’s requirements.

Once appointed, the personal representative takes charge of the wrongful death claim. No one else can file the lawsuit, even if they were very close to the person who died. According to Alabama law, if the personal representative recovers damages in a wrongful death claim, the personal representative distributes the funds to the deceased’s heirs.

If the Person Who Died Is Not Married, Who Can Claim a Wrongful Death?

Regardless of whether someone dies in Alabama without a spouse, only the personal representative of their estate can file a wrongful death lawsuit. The law does not give this right to parents, children, or other family members unless the court names them as the estate’s personal representative.

If the deceased left behind a will, the will might name an executor who can act as the personal representative. If not, or if the named person cannot serve, the probate court will choose someone. Usually, the court will pick a close family member, such as a parent or adult child. The court can choose another responsible person if no family member is available or willing.

Even if several people wish to seek justice after a wrongful death, only the court-approved personal representative can take legal action. This rule does not change based on the deceased’s relationship status. It applies whether the person was single, divorced, or widowed.

What Is the Process for Filing for a Wrongful Death in Alabama?

To begin a wrongful death lawsuit in Alabama, the personal representative must open the estate in probate court. The court usually confirms the executor as the personal representative if the deceased had a will. If not, the court will appoint someone else. Only this person has the legal right to file a wrongful death claim in Alabama. Other surviving family members cannot file separate wrongful death claims. Multiple wrongful death claims are not allowed.

Next, the personal representative can file a wrongful death lawsuit in civil court. They must file the case within two years of the person’s death. In the lawsuit, the personal representative must show that someone else’s actions caused the death. Ideally, they should work with a lawyer to collect evidence, speak with witnesses, and present the case in court.

The court may hold a trial, or both sides might agree to settle the case before trial. Under Alabama’s intestate succession laws, any money awarded will go to the deceased person’s heirs, not through the will.

What Types of Damages Are Available in an Alabama Wrongful Death Settlement?

Alabama law allows only punitive damages in wrongful death cases. The law does not allow compensation for the personal or financial losses of the deceased’s surviving loved ones. The purpose of punitive damages is to punish the wrongdoer, not to repay the family for its loss.

The court or jury will decide the amount based on how serious the defendant’s behavior was. A more reckless or harmful act could lead to a higher amount. Alabama does not cap damages in wrongful death cases, so the court or jury can award any amount it sees as fair.

Get Help from an Experienced Alabama Wrongful Death Attorney

If your loved one died because of another’s negligence, Gartlan Injury Law wants to help. We believe an experienced and compassionate personal injury attorney can play an important role in helping you to move forward after a loved one’s death. When you speak with us, we will take the time to listen and understand what matters most to you. Contact us today to discuss your case with a dedicated personal injury lawyer and learn about your options under Alabama’s wrongful death laws in a free consultation.

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