The loss of a close family member can be devastating for the entire family in many ways. Often, you might feel like their death was wrong, and that you deserve a sense of justice for your loss. In some situations, the law agrees that close family members should have the right to take legal action following the death of a loved one. This is referred to under the law as a wrongful death claim.
Each state has its own laws regarding wrongful death, and Alabama law sets out the requirements for a claim, who is eligible, and what you might recover in a successful claim. The following is some general information about wrongful death in Alabama – to discuss a specific situation or your options, contact a Montgomery wrongful death lawyer directly as soon as possible.
What is Wrongful Death?
Some fatal accidents simply happen and are not the fault of anyone else. However, a death is considered to be wrongful in Alabama when it occurs as a result of someone else’s:
- Negligence
- Omission
- Wrongful act
These are the same causes of injuries that might lead to a personal injury claim, however in the case of a fatal accident, the deceased person cannot bring an injury claim themselves. For this reason, the law provides the right to file a claim to surviving parties. Some incidents that might lead to a wrongful death claim include:
- Traffic accidents
- Falls
- Defective products or pharmaceuticals
- Violence
Bringing a Wrongful Death Claim
Many states allow surviving family members to file a claim for wrongful death, though Alabama handles this situation differently. The party that must bring the claim is the personal representative of the estate of the deceased person. This person will be designated in the deceased’s last will and testament or appointed by the probate court if there is no will.
How Does a Wrongful Death Claim Help Your Family?
Again, Alabama differs from many states when it comes to what an estate can recover following a wrongful death. Most states provide damages to family members to replace financial and emotional losses. Alabama, on the other hand, only provides punitive damages to the estate.
Punitive damages are provided not to compensate for specific losses, but instead to:
- Punish the person responsible for the death
- Deter similar conduct by others in the future
If the personal representative of your loved one’s estate is able to prove a wrongful death claim (often, with the help of a wrongful death attorney), the proceeds of the claim will be distributed to beneficiaries or heirs of the estate, which often include the surviving spouse and children, or even parents or more distant relatives if closer family members do not exist.
Contact a Montgomery Wrongful Death Attorney Today
A successful wrongful death claim can result in significant punitive damages that benefit close family members of the deceased. At Luck Law, we advise families of their rights and help personal representatives file wrongful death claims against the proper parties. Contact us today to set up your free consultation to learn how we might help.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. No attorney-client relationship is established by requesting a consultation or by emailing the firm. Information submitted in such communication is not privileged and may be subject to disclosure.
