Who Can File a Wrongful Death Lawsuit in Alabama?
If your relative died due to someone else’s negligence or misconduct, your family could be entitled to pursue compensation through a wrongful death lawsuit. This type of legal action could allow you to hold the at-fault party accountable for their actions.
In Alabama, the executor of the estate must bring a wrongful death claim on the surviving family’s behalf. Sometimes called a personal representative, the executor is responsible for the administration the deceased’s estate. If your loved one didn’t select a personal representative before they passed away, the court can assign one.
The Alabama wrongful death attorney at Gartlan Injury Law has the knowledge and skills to help you and your family pursue the compensation you deserve and a measure of justice for the deceased. Let us help you craft a winning legal strategy to pursue the best possible results in your case.
Contact us today for a free, no-risk consultation to speak with an attorney and review your legal options.
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What Is a Wrongful Death Claim in Alabama?
According to Code of Alabama Section 6-5-410, a wrongful death occurs when a person’s death is caused by “the wrongful act, omission, or negligence of any person, persons, or corporation.” This may include a negligent act or an intentional act such as a crime.
If someone else’s negligence or misconduct caused your loved one’s death, then you may be entitled to bring a wrongful death claim or lawsuit against that person or entity. To do this, your attorney will need to gather evidence that proves the defendant’s liability.
Wrongful death claims are civil cases that are litigated in civil court. While some wrongful deaths occur due to criminal actions, criminal charges are brought by the state and prosecuted in criminal court. If convicted, the defendant could face fines, prison time, and other penalties.
In civil court, the penalties are exclusively financial. If a defendant is found to be liable for wrongful death in civil court, the court will order them to pay a specified amount of compensation to the family members of the deceased.
Another notable difference between criminal and civil cases is that the burden of proof in civil court is lower than in criminal court. In criminal court, prosecutors must prove “beyond a reasonable doubt” that the defendant is guilty of the charges brought against them.
In civil cases, including wrongful death lawsuits, the plaintiff only needs to show that the defendant was more likely than not responsible for the deceased’s death. However, proving liability can still be challenging, which is why it is highly recommended that you hire an experienced Alabama wrongful death lawyer to handle your case.
What Can You Recover in a Wrongful Death Lawsuit?
Through an Alabama wrongful death claim, you might be able to recover compensation from the person who caused your loved one’s death. Legally, only the personal representative of the deceased’s estate can file a wrongful death suit. In cases where the deceased is a child, the mother or father may file a wrongful death claim within six months of the minor’s death.
In the vast majority of states, courts will award compensation for expenses and losses such as funeral expenses and burial costs, hospital bills, and more. In Alabama, however, courts are only permitted to award punitive damages in wrongful death cases. Alabama courts focus more on punishing the defendant and preventing similar wrongful behavior in the future. In most other states, the focus is on the deceased’s life and the losses suffered by their surviving family members.
However, your family will still be able to use any compensation you recover through a wrongful death lawsuit to pay for expenses related to your loved one’s death, including the cost of laying them to rest, any medical costs they incurred prior to their death, lost income, and more.
It is also worth noting that while some states place a cap on the amount of compensation families can claim through a wrongful death suit, there is no limit to the amount you can recover in Alabama.
What Happens After a Successful Wrongful Death Lawsuit?
If the wrongful death lawsuit is successful and the court awards compensation, the money will be paid to your loved one’s heirs in accordance with Alabama’s intestacy laws. Intestacy laws govern the distribution of a person’s estate if they die without a will. Even if your loved one had a last will, intestacy laws will dictate how the compensation is distributed in wrongful death cases.
Depending on the number of heirs your loved one had, distributing the compensation could become complicated. An experienced wrongful death lawyer can help you and your family understand how recovery will be disbursed.
How Long Do I Have to File a Wrongful Death Claim in Alabama?
Alabama law sets the amount of time you have to take legal action in a wrongful death case. This is known as the Statute of Limitations. If you plan to pursue a wrongful death lawsuit against the at-fault party, then you must initiate legal proceedings within two years from the date of death.
If you fail to file a wrongful death lawsuit within that limited time, the court will probably dismiss your case, and you will likely be barred from recovering compensation through the legal system. That’s why it is vital to consult with an attorney as soon as possible to get started on your case.
Get Help from a Wrongful Death Lawyer in Alabama
Was your loved one killed due to someone else’s negligent or intentional act? If so, you deserve a chance to pursue compensation from the at-fault party. The Alabama wrongful death lawyer at Gartlan Injury Law has extensive experience helping families pursue justice through wrongful death claims. We are prepared to work tirelessly to help you achieve your desired outcome.
Our team can comprehensively investigate the accident that caused the death, determine liability, collect evidence to prove your claim, calculate damages, and aggressively negotiate a settlement with the liable party. If we cannot reach a fair settlement, our lawyer will not hesitate to litigate your case and fight for your right to compensation in court.
Contact Gartlan Injury Law today for a free case review.
Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.
