Understanding Wrongful Death Claims in Alabama
In the state of Alabama, a wrongful death action can be filed if the person passes away within the state. If this happens in another state, then the claim will have to be filed there. According to Alabama’s statutes, the wrongful death action may only be brought about by the administrator of the deceased’s estate. In the settlement of the estate, many find that there are family conflicts in regard to the distribution of the assets of the estate. Such battles can lead to difficulties in the settlement of such estates. There is a two-year statute of limitations that must be kept in mind in regard to the settlement. If the wrongful death claim is against a specific city or a county, the time frame is even shorter.
The state of Alabama only allows for punitive damages in wrongful death actions. Such damages aren’t awarded to compensate the plaintiffs but rather to punish the defendants for such egregious actions and deter others from such actions. The final sum of the damages will be dependent upon the particular case and actions that led up to the wrongful death or how abhorrent the actions were that led to the death of the person.
Why Should I Hire A Wrongful Death Attorney?
At The Vance Law Firm, we’ve seen firsthand how challenging it is for a family to manage a wrongful death claim in the midst of coping with the loss of their loved one. We give you the support that you need and the legal representation that is required to ensure that you can deal with the situation. We’re experienced at handling wrongful death claims and lawsuits throughout the state of Alabama and we’ve helped hundreds successfully deal with such situations and get the justice that they so deserve.
What Is Wrongful Death?
A wrongful death case exists in the state of Alabama when someone’s death is caused by a wrongful act, an omission, or the negligence of another and the person who died could have filed a claim for personal injury had they not passed away.
The definition of negligence is a failure to exercise a proper degree of care in regards to a particular situation and this can lead to the crux of the wrongful death lawsuit. You’ll have to prove that your loved one’s death wouldn’t have happened had the defendant acted differently.
Who Can File A Wrongful Death Claim in Alabama?
In the state of Alabama, only the party that maintains the rights to the estate can bring forth a wrongful death action. Thus, the person that is named as representative to the estate as named in the deceased person’s will. If no one is named, the courts may assign a representative.
While it’s this person that has the right to file, the damages may be awarded to everyone that is named as beneficiary.
What Is Alabama’s Wrongful Death Statute Of Limitations?
It may be very challenging to consider anything other than grief when losing someone, however, wrongful death statutes of limitations must be filed in a timely manner to be valid. There’s not a lot of time for this action.
In the state of Alabama, this statute of limitations is usually two years from the date of the wrongful death. It’s important to note, if the claim is against the government, the claim must be filed within six months of the wrongful death. To ensure that your rights are fully protected and you’re not missing any important deadlines you’ll want to call The Vance Law Firm and get started on your claim immediately.
What Compensation Can You Get In A Wrongful Death Claim?
In the state of Alabama, the death laws are unique in comparison to other states. This is due to the fact that Alabama doesn’t allow just anyone to seek out compensation for the wrongful death action. In other states, any family member can seek out the damages for both economic and non-economic loss including medical expenses, funeral and burial costs, and so on. However, in the state of Alabama, the only person that can file this claim is the personal representative of the estate.
It’s important to note that punitive damages are quite different from compensatory damages. Punitive damages are to punish the defendant for the wrongful death and to deter any future wrongdoers. However, these are awarded to the estate so that they may be used to pay for such thins as the outstanding medical bills, the funeral or burial, and so on.
It’s vital to note that if the person filed the claim prior to their death, this action may survive them. This is referred to as a survival action. In such a case, the damages that aren’t recoverable will be based upon their loss and thus the pain, suffering, medical costs, lost wages, property damages, and consortium are all recoverable.
Although the actions are separate, they may be pursued concurrently due to the situation.
Contact A Montgomery Wrongful Death Lawyer
If you believe that your loved one has died due to another person’s negligence, give us a call at The Vance Law Firm so that we can discuss the situation with you. Never sign anything without first speaking with our Montgomery personal injury law firm so that you won’t miss out on any of the compensation that you and your family deserve.
At The Vance Law Firm, we’re going to do whatever it takes to ensure that you receive as much as possible for damages in your wrongful death lawsuit. We take great pride in our services and we believe in treating our clients like family. Give us a call today at 334-333-3333 and let us show you what we can do to help you with your case. Or, you can email us via our online contact form and we can begin discussing your wrongful death claim today. Remember, this is a free consultation so you won’t have to worry about paying us until we’ve won your case.