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Jan 31, 2025 - Wrongful Death by Cross & Smith

It’s hard to imagine anything worse than losing a loved one. Fortunately, the State of Alabama has a law that provides the opportunity for a loved one to receive compensation for a wrongful death. Here are ten important facts to understand about wrongful death in Alabama. What is a Wrongful Death Action? Alabama law defines a “wrongful death” as one that is caused by the “wrongful act, omission, or negligence” of another. In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by: A negligent act of another, such as a car accident caused by distracted driving,  Medical malpractice, or An intentional act, which could be a crime or some other intentional act, such as driving under the influence of drugs or alcohol   Alabama law requires the personal representative to file the wrongful death case in the county where the decedent could have filed their personal injury lawsuit had they survived. Who Can Take Advantage of the Wrongful Death Statute?  Unlike other types of personal injury cases, a wrongful death case involves a fatality. Thus, since that person is no longer able to file for compensation from the party that caused the injury, another party must step in to seek redress on his or her behalf. Under Alabama law, the party who can bring a wrongful death lawsuit depends upon whether the decedent was an adult or a minor at the time of death. Adult Decedents […]