[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Alabama law says that only the deceased\u2019s personal representative can file a survival action or wrongful death claim against those responsible for their passing. Typically, the personal representative is named in the deceased\u2019s will \u2013 often a spouse, family member, or trusted friend. If someone did not name a personal representative before dying, the courts can appoint someone.  It\u2019s crucial to understand that the deceased must have already filed a personal injury claim for their estate to bring a survival action. This is where the term \u201csurvival action\u201d comes from, as it\u2019s a claim that \u201csurvives\u201d someone\u2019s death so their estate can seek compensation. If someone dies without filing a personal injury claim first, their estate cannot pursue a survival action.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"The compensation in an Alabama survival action goes to the deceased\u2019s estate to pay off any outstanding debts the estate owes. Any leftover funds are distributed according to the deceased\u2019s wishes or Alabama\u2019s probate laws. If you have questions about who might receive compensation from a survival action or wrongful death claim in your particular case, contact an Alabama wrongful death attorney.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"There are many cases where someone\u2019s estate may have cause for a wrongful death lawsuit and a survival action. As long as the deceased died due to someone else\u2019s actions but lived long enough to file a personal injury claim, their estate can pursue both types of legal action.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"The standard deadline to file a survival action in Alabama is two years from the date that the deceased died. Given this tight deadline, it\u2019s vital to talk to a lawyer immediately so they have enough time to build a compelling case.","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Who Can Bring a Survival Action in Alabama?","acceptedAnswer":{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer"},"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Question"},{"@type":"Question","name":"Who Does the Compensation Go to in an Alabama Survival Action?","acceptedAnswer":{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer1"},"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Question1"},{"@type":"Question","name":"Are There Situations Where Both a Wrongful Death Lawsuit and a Survival Action Could Be Filed?","acceptedAnswer":{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer2"},"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Question2"}],"name":"Survival Actions in Alabama Wrongful Death Cases","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#FAQPage"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer3"},"name":"Is There a Time Limit for Filing a Survival Action in Alabama?","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Question3"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.gartlaninjurylaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Survival Actions in Alabama Wrongful Death Cases","item":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#breadcrumbitem"}]}]