5 Important Things to Know about Wrongful Death Cases

Terry Luck • September 10, 2024
A gravestone with a sheep and a cross on it in a cemetery.

5 Important Things to Know about Wrongful Death Cases

Wrongful death cases are often challenging and emotionally charged legal cases. These claims arise when a person's death is the result of someone else's negligence, wrongful act, or intentional harm. It can help families on their road to recovery when they understand five key important aspects of wrongful death cases.


If you believe you might have a wrongful death claim, never hesitate to contact an Alabama wrongful death attorney at Luck Law, LLC to discuss your specific circumstances.


1. Who Can Bring a Wrongful Death Claim?

A wrongful death claim benefits the decedent's surviving family members, such as: 

  • Surviving spouse
  • Children, including adopted children
  • Parents, including adaptive parents


In many states, these individuals can file a claim directly, but Alabama has different rules. The law requires the personal representative of the deceased’s estate to file the claim on behalf of family members. 


There is an exception, however, when the victim was a minor. Then, the parents can file a claim within six months without a personal representative handling the process. 


2. Establishing Liability in a Wrongful Death Case

Establishing liability in a wrongful death case requires proving negligence or intentional misconduct on the part of the defendant. This can be a challenging task that requires a thorough investigation, collection of evidence, and expert testimony. The right wrongful death attorney can build a strong case for liability on your behalf and hold the responsible party accountable for their actions.


3. How the Complicated Legal Process Works

Wrongful death cases involve navigating through complex legal processes and regulations. From filing the initial claim to negotiating with insurance companies or litigating in court, there are various steps that need to be followed. It is crucial to have an experienced attorney by your side who understands the legal system and can guide you through each stage of the process.


4. Understanding Damages in Alabama Wrongful Death Cases

In most states, damages in wrongful death cases include economic and non-economic losses, such as medical expenses, funeral costs, loss of companionship, and emotional distress. However, again, Alabama is different. In Alabama, courts can only award punitive damages for wrongful death claims. These do not compensate for specific losses but punish the wrongdoer for their conduct. 


5. You Want to Hire a Skilled Wrongful Death Attorney

A wrongful death is devastating and often leads to complicated legal matters. Always seek the guidance of a skilled attorney who handles wrongful death cases to protect your rights. An attorney will provide trusted legal representation and support, advocating for your best interests and handling every step of the legal process. Your family can focus on grieving, knowing someone is advocating for you and your lost loved one.


Consult an Alabama Wrongful Death Attorney

If you need legal representation for a wrongful death case in Alabama, don’t wait to contact an experienced and compassionate Alabama wrongful death attorney. Luck Law, LLC is a trusted law firm that understands wrongful death cases and is dedicated to supporting their clients throughout the legal process. 


Contact us today to schedule a free consultation and discuss your case with a skilled Alabama wrongful death attorney. 

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