Birmingham Wrongful Death Lawyers

Wrongful Death Laws in Alabama

Wrongful death laws in Alabama state that only the personal representative of the deceased person’s estate is allowed to file a wrongful death claim, unlike many states that allow surviving family members to do so. All damages that are awarded are then paid to the estate. If the defendant is not facing criminal charges related to the death, a wrongful death claim can still be filed in a civil court.

Alabama also differs from other states as far as the availability of damages. Other states allow wrongful death plaintiffs to pursue compensatory damages for losses such as medical bills, the loss of future earnings, loss of companionship, emotional distress, and pain and suffering. However, the state of Alabama only allows for punitive damages.

 Punitive damages are designed to punish the defendant for their negligent actions as well as deter others from committing similar misconduct. Any punitive damages awarded in a wrongful death lawsuit are not made a part of the estate, as they are in other states, they are paid to the heirs of the deceased.

A wrongful death claim must be filed in an Alabama civil court within two years of the date of the death. However, if the claim is against a city then a notice of claim must be filed within 6 months of the incident, prior to filing suit. Similarly, a notice of claim against a county must be filed before filing suit as well, but within one year of the incident.

WORKPLACE ACCIDENTS

Due to the small window of time to file suit, it’s critical to contact an experienced Alabama Wrongful Death Attorney immediately so they may begin conducting a thorough investigation, preserving evidence, and setting up an estate if needed.

Birmingham wrongful death lawyers will also assist you in determining an adequate figure for measuring punitive damages. Most lawyers will begin by considering the victim’s age and health at the time of their death. They then will look at factors such as the deceased’s income at the time of death, their earning capacity, future lost earnings, any medical bills and funeral expenses.

Many wrongful death cases move into a jury trial. Having an attorney well versed in wrongful death cases advocating for your loved one will maximize your chances of obtaining full and fair damages.