Time Limits to File for Wrongful Death in Montgomery County

According to the CDC, there are nearly 225,000 deaths due to unintentional injuries annually in the United States. Often, unintentional injuries result from the negligence or misconduct of others. When this happens, the surviving family members have the right to compensation through a wrongful death claim.

According to Alabama law, a “wrongful death” causes another’s death intentionally or accidentally due to a wrongful act, negligence, or omission. If you believe you might have a claim, speak with a wrongful death attorney at Luck Law LLC right away. 

You Don’t Have Unlimited Time to File a Claim

After a sudden tragedy in your family, you need time and space to grieve and adjust. Unfortunately, you do not have unlimited time to take action on a wrongful death claim. 

Under Alabama law (Ala. Code § 6-5-410), you will have a maximum of two years to file a wrongful death lawsuit in civil court. If you don’t file a claim within two years from the date of their death, you could be barred from taking legal action completely. 

Additionally, there are circumstances when you have less time to file a wrongful death claim in Montgomery County. For example, if you’re filing a wrongful death claim against the government or want to file a claim related to the death of a minor, you’ll have less than two years to file. 

It’s crucial to speak with a Montgomery County wrongful death attorney as soon as possible to ensure you don’t miss your chance to seek compensation and justice for losing your loved one. 

Other Points About Wrongful Death Claims In Montgomery County

Alabama has unique wrongful death laws, and the following points might help you know what to expect from a case.

Not All Deaths Are Deemed Wrongful

Many people believe that most unintentional deaths can be claimed as wrongful, but this isn’t the case. As mentioned, Alabama law states that a death is only deemed wrongful if a loved one dies due to injuries sustained by an individual’s wrongful act, negligence, or omission. 

Some common causes of wrongful death include: 

• Motorcycle accidents
• Pedestrian accidents
• Defective products
• Car accidents
• Medical malpractice
• Truck accidents
• Crimes and other intentional acts

To learn if your loved one’s death qualifies as wrongful death, you can speak to us at Luck Law.

You Can Only Recover Punitive Damages

Alabama only allows families to recover punitive damages and not lost inheritance, lost income, and other damages related to a loved one’s death. This is different from nearly every other state. Punitive damages are in place to punish wrongdoers, and juries usually award an amount proportionate to the wrongful actions of the at-fault party.

Only The Personal Representative Can File A Wrongful Death Claim

Unlike many other states, Alabama only allows a personal representative of the deceased’s estate to file a wrongful death claim or lawsuit. However, if the loved one who passed away was younger than 19, the parents of the minor can file a claim on the child's behalf. 

Those claiming punitive damages on behalf of a minor only have six months to file a wrongful death claim. Additionally, you should note that the deceased's family only has 40 days from the passing of their loved one to file a petition with the probate court to become a personal representative of their estate. 

Get In Touch With A Montgomery County Wrongful Death Attorney Today To Discuss Your Case

Wrongful death claims can be challenging to navigate in Montgomery County, so you should discuss your case with a wrongful death attorney from Luck Law LLC. Since the statute of limitations is only two years, it’s best to contact us here as soon as possible so we can assist.