Understanding Alabama Wrongful Death Claims
Attorneys offering compassionate legal guidance for your family
Losing a loved one unexpectedly is devastating, and when someone else’s negligence or wrongdoing caused their death, the grief can feel even more overwhelming. No amount of money can bring back a family member, but pursuing a wrongful death claim can help provide financial stability, hold the responsible party accountable, and bring a sense of justice.
Filing a wrongful death claim may feel like the last thing you want to do, but it can help to put your family on the right path forward. If you’ve lost someone due to another’s careless or reckless actions, it’s important to know your legal options if you do decide to take action.
At Dean Waite & Associates, LLC, we know the immense pain you’re facing. Our team is dedicated to guiding you through the legal process with compassion and experience. With a history of successful case results – including a $22 million settlement for a wrongful death and severe burn injury case following a natural gas explosion at a residence – you can count on us to pursue justice for your family.
What is a wrongful death?
Wrongful death occurs when a person’s life is taken due to the negligence, recklessness, or intentional actions of another party. It is a legal claim brought forward when the deceased would have had the right to file a personal injury lawsuit had they survived. Instead, someone else pursues the claim on their behalf to seek justice and compensation.
A wrongful death claim aims to serve two primary purposes: accountability and financial relief. It ensures that the responsible party is held legally and financially accountable for their actions, hopefully preventing similar tragedies in the future. It can provide much-needed financial support for the deceased’s surviving family members, who may face multiple burdens due to the loss.
Common accidents that may result in a wrongful death include:
- Car accidents caused by reckless, distracted, or drunk drivers
- Truck accidents involving commercial vehicles and negligent trucking companies
- Medical malpractice, including surgical errors, misdiagnosis, or failure to treat a condition
- Defective products, including faulty machinery, toxic substances, or unsafe pharmaceuticals
- Premises liability, such as fatal slip and falls or inadequate security leading to violence
Who can file a wrongful death claim?
In Alabama, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This person, also known as the executor or administrator, is responsible for handling the legal affairs of the estate.
If the deceased had a will, the personal representative is named in that document. If there is no will, the probate court will appoint an administrator, with the surviving spouse or children usually being given priority.
Recoverable damages in a wrongful death claim
The only recoverable damages in an Alabama wrongful death lawsuit are punitive damages. Unlike traditional compensation, punitive damages are not awarded to reimburse the family for their loss but rather to punish the party responsible and deter similar misconduct in the future. This means that financial hardships suffered by the deceased’s family are not considered in calculating damages, making Alabama’s wrongful death laws distinct from those of other states.
Punitive damages can be substantial if the defendant’s actions were especially reckless, intentional, or grossly negligent. Courts assess the severity of the wrongdoing rather than the financial impact on the surviving family members.
How long do you have to file?
A statute of limitations is a legal deadline that determines how long you have to file a lawsuit. In Alabama, the statute of limitations for wrongful death claims is two years from the date of death. If a lawsuit is not filed within this period, you can lose the right to seek compensation.
Missing this deadline can mean losing the chance to hold the responsible party accountable. A wrongful death attorney can help you stay informed of these critical deadlines, make sure all necessary paperwork is filed correctly and on time, and guide you through every step of the legal process – from gathering evidence to building a strong case – so you can focus on your family during this difficult time.
Elements of a wrongful death claim
Proving wrongful death requires establishing specific legal elements that show how the responsible party’s actions led to the loss of life. Each of these elements must be supported by strong evidence to build a compelling case. To successfully prove wrongful death, four key elements must be established:
- Duty of care: The responsible party owed a duty to the deceased. For example, drivers have a duty to follow traffic laws, and doctors have a duty to provide competent medical care.
- Breach of duty: The responsible party failed to uphold their duty, either through negligence, recklessness, or intentional misconduct. Examples include a drunk driver running a red light or a hospital failing to diagnose a life-threatening condition.
- Causation: It must be shown that the breach of duty directly caused the person’s death. This often requires expert testimony, accident reconstruction, or medical evidence.
- Damages: The surviving family members suffered losses due to the wrongful death, such as funeral costs, lost income, and emotional distress.
Proving these elements requires strong legal representation, as the responsible party (or their insurance company) may dispute liability or the extent of damages.
How an Alabama wrongful death lawyer can help
Losing a loved one is unimaginable, and having to deal with a wrongful death can feel overwhelming when you’re grieving. At Dean Waite & Associates, LLC, we are here to provide the support and guidance you need during this difficult time. Our firm is committed to standing by your side, ensuring your voice is heard, and fighting for the justice your loved one deserves.
We handle every case with care, compassion, and dedication. From investigating your loved one’s passing to negotiating with insurance companies and taking the case to court, if necessary, we do everything we can to secure the best possible outcome for you and your family. You don’t have to go through this alone.
If you’ve lost a loved one due to someone else’s negligence, don’t wait. Contact Dean Waite & Associates, LLC today for a free consultation and allow us to take the legal burden off your shoulders while you focus on healing.
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