Posted on Thursday, May 30th, 2024 at 1:34 pm
Experiencing the loss of a family member in a tragic accident can tear a family apart. The pain intensifies when the loss is due to someone else’s careless or reckless behavior. Although money can never fill the void left by your loss, pursuing a wrongful death lawsuit in Alabama offers a path toward justice, ensuring accountability for those at fault and securing the necessary compensation to support your family during this difficult period.
Understanding Alabama’s Wrongful Death Laws
In Alabama, specific laws oversee wrongful death claims. According to Alabama’s wrongful death statute, a “wrongful act, omission, or negligence” refers to actions that would have warranted a personal injury lawsuit had the deceased survived. Essentially, if your loved one could have pursued a personal injury claim, you may have the grounds to pursue compensation via filing a lawsuit for wrongful death.
Some of the most common causes of wrongful death in Alabama include:
- Car accidents
- Commercial truck accidents
- Motorcycle crashes
- Workplace accidents
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Premises liability accidents
- Aviation and boating accidents
In contrast to many other states, Alabama differs in its approach to compensatory damages in wrongful death claims. Here, surviving family members aren’t eligible to recover compensatory damages; instead, the state allows for the recovery of punitive damages.
How to File a Wrongful Death Lawsuit in Alabama
While we understand that no amount of money will ever make up for your profound loss, filing a wrongful death lawsuit can provide a much-needed sense of justice and ease the financial hardships your family likely faces.
To file a wrongful death suit in Alabama, the personal representative of the estate will need to take the following steps:
- Contact an experienced Alabama wrongful death lawyer to discuss your legal rights and options.
- Your attorney will thoroughly investigate the accident to determine who caused or contributed to your loved one’s death.
- Your lawyer will file a claim with the appropriate Alabama court.
- The defendant(s) can respond to your lawsuit.
- Your attorney and the defendant’s lawyer will engage in discovery, exchanging evidence, and conducting depositions.
- Many wrongful death cases get resolved in settlement negotiations between the parties. If a fair agreement can’t be reached, your attorney will present your case to a judge and jury at trial.
The experienced wrongful death lawyers at Farris, Riley & Pitt, LLP can guide you through each step of this process. While we know that reliving the details of your loved one’s death can feel overwhelming, we will take on all of the legal heavy lifting so you can focus on grieving and caring for your family.
Who Can Sue for Wrongful Death in Alabama?
Who can bring a wrongful death claim? Alabama has unique rules regarding who can sue for wrongful death. Only the personal representative of the deceased person’s estate can bring the claim. Still, they essentially file suit on behalf of the surviving family members and for the benefit of the heirs.
This means that even if you are the deceased person’s spouse, child, parent, or sibling, you cannot directly file a wrongful death lawsuit. Instead, the personal representative will name you an estate beneficiary and sue on your behalf.
How to File a Wrongful Death Claim in Alabama
If you believe someone else’s negligence caused your loved one’s death and you want to hold them accountable, follow these steps for how to file a wrongful death claim in Alabama:
- The probate court will appoint a personal representative to handle your loved one’s estate. Usually, this will be a close relative like a spouse, child, or sibling.
- The personal representative should immediately contact a skilled Alabama wrongful death lawyer.
- Your attorney will file a complaint with the appropriate Alabama civil court, laying out the facts of the case and presenting the legal grounds for your wrongful death action.
- Your lawyer and the at-fault party’s attorney will exchange evidence and take depositions during the discovery process.
- Many wrongful death claims get resolved out of court during settlement negotiations. If the other side refuses to offer a full and fair settlement, your attorney will present a powerful case to the judge and jury.
Filing a Wrongful Death Lawsuit after Losing a Loved One
We know that filing a wrongful death lawsuit might be the last thing on your mind as you struggle to process your loved one’s death. Alabama places a strict deadline, known as a statute of limitations, on taking legal action, however. The estate’s representative must file the wrongful death lawsuit within two years of the date of death in most cases. That deadline may get extended if a criminal case is also being pursued about the death.
Two years might seem like a long time, but building a solid wrongful death case takes significant work. Over time, crucial evidence can be lost or destroyed, and eyewitness memories can fade. The sooner you contact a knowledgeable Alabama wrongful death attorney, the better.
Can You Sue on Behalf of a Family Member in Alabama?
Under Alabama law, you cannot directly sue on behalf of a deceased family member. Instead, the personal representative of your loved one’s estate will file the wrongful death lawsuit and list you and other surviving family members as beneficiaries. Even if you are not bringing the claim, you will likely still play an essential part in the wrongful death case as a beneficiary and potential witness.
Can a Sibling File a Wrongful Death Lawsuit in Alabama?
Can a sibling sue for wrongful death? Under Alabama’s wrongful death laws, a sibling cannot directly file a wrongful death lawsuit. a sibling may serve as the personal representative of the deceased person’s estate and bring the claim in that capacity, however. If the sibling has been appointed as executor in their loved one’s will or by the probate court, they will work with a wrongful death lawyer to pursue legal action. The sibling may also recover a portion of the wrongful death proceeds as an heir to the estate.
Our Caring Alabama Wrongful Death Attorneys Are Here for You
If you have lost a loved one in a fatal accident in Alabama, the skilled Birmingham wrongful death lawyers at Farris, Riley & Pitt, LLP are here to help. This is likely one of your life’s most painful, difficult times. Our team of compassionate attorneys will handle every detail of your wrongful death settlement so that you can focus on honoring your loved one’s memory and beginning to heal.
Contact our law office today at (205) 324-1212 to schedule a free, no-obligation consultation. You will speak with a knowledgeable member of our team who can help you understand your legal options. We do not charge any fees unless we recover the best possible compensation for you.
