NO FEES unless we recover money for you. |
Call 205-391-0618
Office Locations: Tuscaloosa Birmingham
Blog
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.
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:
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.
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 – In many states, the deceased person’s family members are allowed to file a wrongful death lawsuit. But in Alabama, only the personal representative (called an “executor” in some states) of the deceased person’s estate is permitted to file a wrongful death claim.
Minor Decedents – If the decedent was under 19 years of age, which is a minor in Alabama, by statute, the parents have six months from the date of the child’s death to bring a wrongful death suit. After that six-month period expires, the minor’s personal representative must file the claim.
If the decedent did not identify a personal representative in their will, a court may appoint a close family member, such as a surviving spouse, child, parent, or sibling, to serve as the administrator or executor of the estate.
Alabama has specific laws that address who will receive compensation from a wrongful death lawsuit and in what amount. This statutory distribution follows Alabama’s intestacy laws – the distribution that applies when someone dies without a will.
As you can see, these are complex rules regarding distribution, and it’s important to contact a Tuscaloosa wrongful death attorney as soon as possible to help you understand all of the issues involved.
In most civil lawsuits, including wrongful death cases, the defendant’s liability need only be shown by a “preponderance of the evidence.” Under this legal standard, the plaintiff must show it’s more likely than not that the defendant is responsible for the decedent’s death.
Alabama is different from most other states in terms of the damages that can be recovered. In most states, courts award compensatory damages to the decedent’s family in order to compensate them for the financial and emotional loss caused by the decedent’s death.
Alabama, however, handles damages in wrongful death suits differently. The state’s Supreme Court has held that courts may award only punitive damages in wrongful death cases. The purpose of punitive damages is to punish the defendant and deter other parties from engaging in similar behavior.
Like most personal injury actions in Alabama, there is generally a 2-year statute of limitations to bring a lawsuit. Certain exceptions apply, including in the case of medical malpractice and for minors who will be bringing a wrongful death action.
It’s not necessary to hire a lawyer to represent you. In fact, in Alabama, you can represent yourself in a wrongful death action. However, this is not recommended. Preparing a case is complicated, and there are many procedural requirements and deadlines that must be met. Working with an experienced Tuscaloosa wrongful death attorney is the best way to ensure the best possible result.
Here at the Law Offices of Cross & Smith, we have years of expertise to help you through your wrongful death lawsuit. Whether the death involves a truck accident, a defective medical device, or some other type of personal injury, we put our clients first in order to achieve the best possible resolution. Contact us today for a confidential consultation.
"I highly recommend Cross & Smith. They are an excellent law firm with attorneys who care greatly about the individuals they are representing. "
Posted By: Robert Upchurch