Who Can File a Wrongful Death Lawsuit in Alabama?
Losing a loved one is a tragic event for any family. Those left behind find their lives forever changed. Coping with a sudden loss can be even more difficult if someone else’s negligence was to blame.
Surviving family members often find themselves dealing with funeral and burial expenses, medical bills, loss of income, and other end-of-life costs that they never prepared for. To ease these losses, Alabama allows certain surviving family members to seek compensation through a wrongful death action.
When you and your family have lost a loved one due to another party’s wrongful acts, turn to Gartlan Injury Law for a free initial case review. We are ready to discuss your situation and the process of filing and pursuing a wrongful death lawsuit in Alabama. Our firm is here to help your family seek the answers and justice you deserve.
Contact us now to discuss your situation with an Alabama wrongful death lawyer.
Contents
- What Are Alabama’s Wrongful Death Laws?
- Who Files a Wrongful Death Claim and Who Receives Compensation?
- What Qualifies for a Wrongful Death Suit in Alabama?
- What Compensation Is Available in an Alabama Wrongful Death Lawsuit?
- How Do I File a Wrongful Death Claim?
- How Can an Alabama Wrongful Death Lawyer Help Me File My Claim?
What Are Alabama’s Wrongful Death Laws?
In Alabama, a wrongful death claim arises under state law when a person’s death is caused by the wrongful act, omission, or negligence of any persons, or corporate entities or their servants and agents, if the deceased could have filed a legal action for the wrongful act, omission, or negligence if the deceased had survived.
The Statute of Limitations in Alabama requires that a lawsuit in a wrongful death claim be filed within two years of the date of a decedent’s death. The court will likely permanently dismiss a wrongful death action filed after the two-year deadline.
Who Files a Wrongful Death Claim and Who Receives Compensation?
Under Alabama’s wrongful death statute, only the personal representative of the decedent – usually the executor or administrator of their estate – can file a wrongful death lawsuit. The decedent’s personal representative pursues compensation in a wrongful death claim on behalf of the decedent’s surviving heirs.
A decedent’s surviving spouse and surviving children can receive compensation in a wrongful death claim. If a decedent had no surviving spouse but had children, the children receive all the compensation. If a decedent had a surviving spouse but no children, the spouse would receive it. If a decedent leaves behind a spouse and children, the surviving spouse would take the first $50,000 in compensation plus half the balance, and the children would take the remaining amount.
If a decedent leaves no surviving spouse or children, money obtained in a wrongful death claim would be paid to any decedent’s surviving parents. If the decedent had no surviving parents, any surviving siblings would be eligible to seek compensation.
What Qualifies for a Wrongful Death Suit in Alabama?
A wrongful death claim can arise from the same types of negligent or reckless conduct that would lead to a personal injury claim. In many ways, a wrongful death claim can be considered the continuation of the legal claims that the decedent would have had the right to pursue had they survived the injuries inflicted on them.
Some examples of cases that could qualify for a wrongful death suit in Alabama include:
What Compensation Is Available in an Alabama Wrongful Death Lawsuit?
In wrongful death claims in Alabama, families may be entitled to recover compensation for the losses that they have suffered due to their loved one’s passing. Most states allow surviving family members to recover compensation for specific losses that they have incurred, such as final medical expenses, funeral and burial costs, loss of a decedent’s financial contributions and services to the household, loss of a decedent’s companionship and love, and the emotional distress and suffering endured by the surviving family.
However, Alabama handles compensation in wrongful death cases differently from other states. Instead, in an Alabama wrongful death suit, compensation takes the form of punitive damages. Punitive damages are not intended to compensate surviving family members for any loss they have incurred. Instead, they are meant to punish the party or parties at fault for a decedent’s passing and to deter others from engaging in similar conduct.
Alabama does not cap the punitive damages that the court can award in a wrongful death suit. Instead, compensation is awarded in proportion to the wrongful nature of the at-fault party’s conduct.
How Do I File a Wrongful Death Claim?
Steps that you and your family should follow to file a wrongful death claim include:
- Consult with a wrongful death attorney. A lawyer can explain your family’s rights and what requirements you must follow to pursue a wrongful death claim.
- Review the evidence to determine if another party’s negligence or wrongful act caused your loved one’s death.
- Identify the parties that could be held accountable for your loved one’s death.
- Have someone appointed as the executor or administrator of your loved one’s estate or turn to the executor or administration to file the claim.
How Can an Alabama Wrongful Death Lawyer Help Me File My Claim?
If you lost a loved one in a preventable accident or due to an intentional act, a wrongful death lawyer from Gartlan Injury Law can help you seek justice and fair compensation. we have experience handling these types of cases, and we are prepared to help you by:
- Thoroughly investigating the circumstances surrounding your loved one’s death and identifying the at-fault parties
- Providing knowledgeable counsel and helping you understand what to expect at each stage of your wrongful death case
- Pursuing settlement negotiations with the liable parties to seek fair financial recovery for your family as efficiently as possible
- Filing a lawsuit and seeking compensation in court if a settlement cannot be reached
Remember that you have only two years from the victim’s passing to file a wrongful death lawsuit in Alabama. Don’t wait until it is too late to seek the justice and closure you and your family deserve.
Contact an Alabama wrongful death attorney at Gartlan Injury Law for a no-cost case evaluation right away.
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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.
