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.

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.

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.

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.

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.

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:

• Car accidents

• Trucking accidents

• Motorcycle accidents

• Premises liability claims

• Defective products

• Workplace accidents

• Nursing home abuse or neglect

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.

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.

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