Losing someone you care about because of the harmful and thoughtless actions of another can be exceptionally difficult to move forward from. Under Alabama law, you may be able to file a legal claim against those who caused your loved one’s death. While filing a wrongful death lawsuit in Alabama can’t turn back the clock, it can be an empowering step to stand up against the injustices you and your family experienced. Your decision to speak out against what happened may also encourage change that can save other people’s lives.
The compassionate advocates at Steve Morris Law are here to support you and your loved ones during this time. We can appreciate the grief, anger, frustration, and confusion you might feel in the aftermath of a trauma. Our Alabama law firm has helped dozens of clients by championing their rights in court and during liability discussions with the at-fault party.
Understanding Wrongful Death Lawsuits
A wrongful death lawsuit is a way for someone’s surviving family members — through the personal representative — to hold a wrongdoer accountable for killing their loved one. Someone can file a wrongful death claim regardless of whether the person who died filed a personal injury lawsuit. Likewise, this type of claim can be brought even if the at-fault person is not charged with or convicted of a crime.
Unlike in other cases, punitive damages are the primary type of compensation someone can recover. Punitive damages penalize the wrongdoer for their actions and the result. Additionally, the hope is that punishing the bad actor will deter others from engaging in the same or similar behaviors.
Who Can File a Wrongful Death Lawsuit in Alabama?
Under the Alabama wrongful death statute, the decedent’s — the person who died — personal representative files the lawsuit on behalf of the decedent and their estate. In other words, the loved ones don’t file the claim directly. Instead, the personal representative does so. That said, the damages they recover if they win the lawsuit go to the estate.
The personal representative is someone who acts on behalf of the decedent. If the person who died had a will, this document may name a personal representative. For example, the will may designate a sibling, uncle, parent, or spouse to serve in this capacity. If the decedent doesn’t have a will — or the one they have is invalid — the court may pick someone to take on this role.
Common Causes of Wrongful Death Claims in Alabama
Any situation where someone’s actions killed another person may give rise to a wrongful death claim. Examples of misdeeds that can result in the death of another include the following:
- Drunk driving accident
- Murder
- Medical malpractice
- Speeding
- Distracted driving
- Slip and fall
- Dog bite
- Physical abuse
Additionally, the manufacturer of a faulty product or dangerous drug may be liable if a consumer is killed by their goods. If someone commits a crime and kills another person — intentionally or unintentionally — they may be liable under the wrongful death laws. The person doesn’t have to be charged with or convicted of a crime to be accountable under this law.
Alabama Statute of Limitations for Wrongful Death Lawsuits
Alabama law gives most people up to two years after their loved one’s death to file a wrongful death lawsuit. Some situations may call for a shorter or longer deadline. Someone can bring this lawsuit even if the at-fault party dies before it’s filed or before the case ends.
An Alabama wrongful death attorney is best suited to help you identify what deadlines apply to you and what you need to do to meet those. They can also help you understand whether you have a claim against another person and how to go about requesting compensation.
Consulting with an Experienced Alabama Wrongful Death Attorney
If you believe someone’s actions are the reason your loved one is no longer with you, you may benefit from talking to a licensed attorney. They can have a conversation with you about your situation, how your loved one died, and who you believe is at fault.
Additionally, the attorney can gather information from others — such as doctors or witnesses — to get a complete picture of what occurred. Then, they can perform legal research to discover potential avenues you can pursue to hold the bad actors accountable for their actions. A lawyer takes over the heavy lifting of bringing a liability claim, freeing up your time and energy to focus on grieving with and nourishing yourself and your loved ones.
Steve Morris Law: Compassionate Wrongful Death Lawyers Serving Alabama
When your loved one dies because of someone else’s mistakes or intentional conduct, you and your family may be left to pick up the pieces in a world that makes a little less sense because of your loss. Elevating your voice and telling your loved one’s story in a court of law can help you reclaim your agency and begin to heal.
Steve Morris Law has helped many people file a wrongful death lawsuit in Alabama. Throughout their decades of service to this state, they have held doctors, hospitals, drivers, manufacturers, and murderers accountable for their actions. Past clients praise our team’s compassionate, decisive, and understanding nature and our efforts to help them feel supported. Call 256-357-9211 today to schedule a no-obligation consultation to discuss your legal needs.
