Did Your Loved One Pass Away in a Vehicle Crash?

If a tragic car accident claims the life of a loved one, the remaining family members can bring a wrongful death action against the responsible individual or entity. However, navigating the claims process can prove to be incredibly challenging for many reasons. 

Here's a look into how the wrongful death claims process operates for fatal car accidents in Alabama, and how Luck Law Firm can help you make sure the at-fault party is held accountable.

Who Is Able To File A Wrongful Death Claim In Alabama

Not just anyone can file a wrongful death lawsuit in Alabama. The law requires the personal representative of the deceased’s estate to bring the case. The proceeds of the wrongful death claim will get distributed to close family members according to the law, including spouses, children, or even parents.

Your Legal Choices After A Fatal Car Accident – Wrongful Death Compensation

Alabama's wrongful death law only permits punitive damages, making it a unique law among the 50 states. In cases where a person's death results from another party's negligence or intentional actions, the law focuses on punishment rather than compensating the victim's family for their specific losses. 

While punitive damages serve as a deterrent and punish wrongdoers, they might not fully address the emotional and financial hardships a family endures. It is important to have the right attorney fighting for maximum compensation in your wrongful death case so your family has the financial support you need.

In recent years, the state has discussed reforming wrongful death laws, seeking to strike a balance between punishment and providing meaningful restitution for victims' loved ones. Yet, since the law remains unchanged, you can still only seek punitive damages, which is why it's important to speak with a lawyer about your loved one's wrongful death. 

Filing a Wrongful Death Lawsuit

Under Ala. Code § 6-5-410, you have a two-year timeframe to file wrongful death claims following your loved one's passing. If you don’t meet this deadline, you risk losing your right to compensation altogether. A wrongful death attorney can ensure you file within these time limitations. You should never wait to consult with a law firm and begin the process, as the clock is ticking.

Filing a Wrongful Death Claim With the Liable Party's Insurance Company

Filing a wrongful death claim with the liable party's auto insurance company can be a complex and emotionally challenging process. It is best to have an objective professional handling this claim for you, so you can focus on your emotional recovery from the tragic loss. 

Your attorney will contact the at-fault driver's insurance provider, providing evidence of liability and the extent of the losses incurred. Insurance companies might attempt to minimize payouts, so seeking legal counsel can be crucial in navigating negotiations. 

Speak With An Alabama Wrongful Death Attorney Today To Discuss Your Loved One's Passing And Compensation

At the Luck Law Firm in Montgomery, Alabama, we prioritize seeking justice and holding parties liable for a fatal car accident. Our wrongful death lawyer is here to assist you with navigating the legal process and demanding compensation for the loss of your loved one. You can start your search for justice with a free consultation by filling out our contact form or calling our office at 334-262-5455.