The death of a loved one is a serious, traumatic event, and the grieving process can take a lifetime. While you recover from your loss, you should have someone by your side who can help you pursue justice from any responsible parties. You should have a wrongful death lawyer in Tuscaloosa who has your best interests in mind.
By filing a wrongful death claim, you can take a step towards a new chapter in your life. It’s hard to move forward from losing someone in your life, but the compensation and closure that a lawsuit brings can make it easier to function.
If you’re curious about a wrongful death claim and wondering how you could be able to pursue a settlement from the at-fault party, contact Morris Bart, LLC, for a free consultation with our team. Our attorneys have your best interests in mind.
What Is Wrongful Death Under Alabama Law?
A loss of life is considered a “wrongful death” when someone else was responsible for it, either through negligence or deliberate actions. When someone files a wrongful death claim, they’re seeking compensation from the at-fault party to hold them responsible for their behavior.
Ala. Code §6-5-410 defines wrongful death as being the result of the “wrongful act, omission, or negligence” of another person or entity. This can be medical negligence, reckless driving, or any other careless action (or inaction) that could cause harm and death to someone else.
Obviously, nothing can replace the presence of your loved one. Wrongful death claims are simply meant to give those close to the deceased some monetary compensation to help them rebuild and recover from their loss.
For a free legal consultation with a Wrongful Death lawyer serving Tuscaloosa, call 800-537-8185
Who Can File a Wrongful Death Claim in Tuscaloosa?
In Alabama, wrongful death claims are usually brought forward by an appointed representative of the deceased. This representative is designated in the will of the wrongful death victim, and if they are appointed, is the only party that can file the wrongful death claim. If there is no designation in the will, then a court can designate a representative.
That doesn’t mean they are the only one who collects compensation from the claim, though. According to Alabama law, the following relatives can receive compensation after a wrongful death:
- The spouse of the deceased
- If there is no spouse, the children of the deceased
- If there is no spouse and no child, the parents of the deceased
- If there is no spouse, no child, and no surviving parent, the executor of the estate of the deceased
If the victim leaves no will and their surviving spouse gets compensation from a wrongful death claim, the spouse must share that compensation with any living children.
If you’re not sure whether you can file a wrongful death claim or if you suspect you’re not getting the compensation that you deserve, a lawyer could be able to help. You can get a free consultation with a wrongful death attorney in Tuscaloosa who can assess your situation and tell you what your options are.
Damages You Could Recover with the Help of a Tuscaloosa Wrongful Death Attorney
Alabama is a unique state when it comes to wrongful death damages. State law disallows anycompensatory damages for wrongful death. That’s opposed to most other personal injury cases–usually, those are the only damages that victims receive.
Compensatory damages are payments made for expenses and costs that you suffered due to someone else’s negligence. Those usually include medical bills, lost wages, and mental or physical pain and suffering. In other states, compensatory damages in a wrongful death case can include funeral expenses and other financial costs.
In Alabama, however, the only compensation in a wrongful death claim is punitive damages. Punitive damages are fines imposed simply to punish the defendant for their negligence and discourage others from repeating the same actions. Punitive damages still go to the family of the deceased, and can still be a significant amount of money.
It’s impossible to say exactly how much you could receive in punitive damages from your wrongful death claim. It will depend on the details of your situation and the nature of the other party’s actions. To get a better idea of how much you and your family might expect, contact a Tuscaloosa wrongful death lawyer for an initial consultation.
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How Long do You Have to File a Wrongful Death Claim in Alabama?
The deadline for filing a lawsuit, known as the statute of limitations, for wrongful death is two years after the date of the victim’s death. That means the representative of the deceased’s estate only has two years to recover compensation for the family of the victim.
Two years may seem like a long time to take action, but that time goes by faster than you would think. Because of the nature of evidence, it’s best that you contact a Tuscaloosa wrongful death lawyer as soon as you can. The sooner you act, the better your chances are of having a successful claim.
Talk to a Wrongful Death Lawyer in Tuscaloosa Today
A loved one’s death can leave you devastated, wondering where you can turn to hold the responsible party accountable. Punitive damages won’t bring your family member back, but they will help relieve your burden just a bit while you undergo the grieving process. Our wrongful death attorneys in Tuscaloosa want to help you.
Call us or contact us online today to get your FREE consultation with one of our Alabama lawyers. Our team cares about your family’s well-being and wants to see you recover the compensation you deserve.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
