When someone dies due to another’s negligence, state law gives surviving family members the right to pursue a wrongful death claim. An Alabama wrongful death lawyer helps families like yours navigate that process, and hold the liable party accountable.
Read our guide to learn more about Alabama’s wrongful death law, and how an attorney could benefit you and your family. You need more than an apology. You need justice.
Understanding the Wrongful Death Law in Alabama
Alabama’s wrongful death law is unique and often misunderstood.
In other states, the spouse or parent files the claim directly. However, under Alabama Code § 6-5-410, the personal representative of the deceased’s estate must file the claim. The deceased typically names that representative in their will, or a probate court appoints them.
This rule could affect your family for several reasons.
- If no estate has been opened, one may need to be established before the claim can move forward
- The personal representative has a legal duty to act in the best interests of the heirs
- Family members who aren’t named as heirs may not receive a share of the proceeds
There’s another catch to the state’s wrongful death law. The statute of limitations for wrongful death claims in Alabama is two years from the date of death. When you miss that deadline, you may lose the right to file altogether.
Are you unsure about your family’s eligibility? Our wrongful death attorneys can walk you through it step by step.
What Damages Your Family May Recover
Alabama wrongful death damages are punitive, not compensatory. Punitive damages determine any financial compensation on the severity of potential wrongdoing. This is not a line-item accounting of medical bills, funeral costs, or lost wages.
Don’t let this rule keep you from filing a claim. The facts of your loved one’s life still matter. Evidence about who they were and how they contributed to your family build a strong case. Courts typically consider:
- The degree of negligence or recklessness involved
- If the defendant acted with a conscious disregard for human life
- The circumstances surrounding your loved one’s death
Understanding how Alabama calculates these damages is complicated but necessary. The right legal strategy affects your future. You can read more about how the law typically calculates wrongful death benefits.
Understanding Your Family’s Legal Options in a Wrongful Death Case
When you lose a loved one because of a person’s negligence, you may be confused and overwhelmed. What can you actually, and legally, do about your loved one’s death? In Alabama, families have a few distinct paths available.
You can file a wrongful death claim.
This is the primary legal option for most families. A personal representative of the deceased’s estate files the wrongful death claim. Their goal is to seek punitive damages against the at-fault party. Under Alabama state law, any recovery should be distributed to the deceased’s heirs.
You can pursue a survival action.
In some cases, a separate survival action may also be available. This type of claim covers damages the deceased person experienced between the time of injury and the time of death. Not every case qualifies, and Alabama’s rules around survival actions are specific. You should discuss this option with an attorney early.
You can report to a regulatory agency.
When a death involves a licensed professional, like a doctor or contractor, you can file a complaint. Submit the complaint to the proper licensing board. This process doesn’t replace a legal claim, but it may support one. It also creates an official record of the misconduct for future legal action.
Common Questions About Alabama Wrongful Death Lawyers
Defining a wrongful death is often the easiest part of a claim. The more difficult questions come later. These are the most common questions we receive from folks like you.
What does an Alabama wrongful death lawyer do?
An Alabama wrongful death lawyer helps you and your family build a strong claim. They investigate the cause of death, identify liable parties, and manage communication with insurance companies. Their goal is to hold the at-fault party accountable and recover the maximum available damages for your family.
Who can file a wrongful death claim in Alabama?
In Alabama, only the personal representative of the deceased’s estate can file a wrongful death claim. The deceased’s will should state the personal representative. If there is not one listed, then the probate court may appoint someone.
What types of cases does an Alabama wrongful death attorney handle?
Unfortunately, a death can occur in any situation. Our Alabama wrongful death attorneys handle cases with vehicle collisions, medical malpractice, workplace accidents, defective products, and premises liability. Book a free consultation to learn if your family is able to file a claim.
Can I file a wrongful death claim if my loved one may have been at fault?
Alabama follows a pure contributory negligence standard. This rule means that if investigators determine that the deceased was partially at fault, it could affect the outcome of your claim. An experienced attorney can assess the facts and advise you further.
How much does it cost to hire an Alabama wrongful death attorney?
Most wrongful death attorneys, including our firm, work on a contingency fee basis. You pay nothing upfront. Instead, you only pay your attorney if your case ends with a settlement or verdict in your favor. Financial circumstances shouldn’t keep you from quality legal services.
Trust Alexander Shunnarah Trial Attorneys With Your Family’s Case
At Alexander Shunnarah Trial Attorneys, we know that no legal outcome can undo what your family has survived. However, we fight to make sure the right parties are held accountable. With more than $2 billion recovered for our clients, here’s just a glimpse of what that looks like in wrongful death cases:
- $15,750,000 wrongful death settlement in a commercial vehicle accident
- $15,000,000 settlement in a wrongful death claim
- $12,000,000 wrongful death settlement in a commercial vehicle accident
Your family deserves that same level of commitment. Alexander Shunnarah Trial Attorneys has offices across the country, not just in Alabama. Schedule a free case review today.
