Wrongful Death Laws in Alabama
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Losing a loved one suddenly is immensely painful. Although nothing can fully compensate for your loss, pursuing a wrongful death claim may help you recover monetary damages for hospital bills, funeral expenses, loss of income and benefits, pain and suffering, and more.
At Zinda Law Group, our legal team has handled numerous wrongful death cases nationwide and has helped our clients receive the justice and compensation they deserve. We are here to help you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Fee Guarantee.
If you have suffered the loss of a loved one because of someone else’s negligence or willful misconduct, call Zinda Law Group at (800) 863-5312 to receive a 100% free case evaluation with our wrongful death attorneys.
What Is a Wrongful Death Lawsuit in Alabama?
When someone’s death is caused by the wrongful act, omission, or negligence of another person, the victim’s estate can pursue a wrongful death lawsuit.
The Alabama Code specifies that a wrongful death suit can be brought in any case in which the deceased person could have brought a personal injury claim, had he or she lived. Basically, a wrongful death suit in Alabama is a personal injury claim in which the injured person is no longer able to seek compensation, so the estate of the deceased person may seek compensation instead on the victim’s behalf.
A wrongful death suit may be brought in civil court, even if the defendant is not facing criminal charges related to the accident.
Who May File a Wrongful Death Claim in Alabama?
In most states, the family of the deceased can file a wrongful death suit. Alabama limits the ability to file a wrongful death claim to a personal representative of the deceased person’s estate. The estate can bring a wrongful death case only through the decedent’s personal representative. A family member can still bring a claim, but only if he or she is named as the personal representative for the estate’s action.
The personal representative–sometimes referred to as the administrator of the estate–is typically designated in a person’s will. If there is no will, the first priority to be appointed as personal representative is the decedent’s spouse. The decedent’s heirs are next in line for priority.
The spouse or heir must file a petition within 40 days of the decedent’s death to be named the personal representative. Otherwise, any person may petition to become representative.
What Damages Are Available in an Alabama Wrongful Death Claim?
Alabama allows for compensatory damages to cover the costs of funeral expenses, emotional suffering, loss of financial support, and other costs related to the accident.
In addition, Alabama allows punitive damages, which are designed to punish a negligent defendant and deter future bad actions. Damages are distributed to the heirs according to the rules of intestate succession, and are not part of the estate.
How Long Do I Have to File a Wrongful Death Claim in Alabama?
A wrongful death complaint must be filed within two years from the date of death. This time limit is known as the statute of limitations.
Wrongful death cases are incredibly complex, and if you wait too long to file a claim, there is a chance that evidence will be lost or that witnesses will forget details of the incident.
How Zinda Law Group Can Help
If you have lost a loved one from someone else’s negligence, the wrongful death attorneys at Zinda Law Group can help. We have handled numerous wrongful death cases and have the knowledge and resources necessary to help you build the strongest case possible.
We also believe that families should never have to worry about their ability to afford legal representation. That is why we offer 100% free consultations and why you will pay nothing unless we secure a favorable settlement, judgment, or verdict for your wrongful death claim. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.