Who Can File a Wrongful Death Claim?

A wrongful death occurs when a person dies due to someone’s fault, negligence, or intentional act. The common sources of wrongful death include defective products, car accidents, motorcycle accidents, work-related injuries, and occupational hazards.

Unfortunately, when a wrongful death occurs, deceased family members endure emotional anguish, loss of financial support, loss of companionship, and hefty funeral expenses. 

Personal injury laws allow certain surviving family members or personal representatives from the estate of the deceased to file a wrongful death claim. 

Consider engaging a trusted Alabama wrongful death attorney who can provide legal guidance and support in the claim process.

Who Can Sue for Wrongful Death?

Since the person who has suffered a wrongful death cannot bring a legal claim themselves, personal injury law allows someone else to sue on their behalf. In many states, family members can file the claim directly, but Alabama is different. 

Under Alabama law, only the personal representative or executor of the estate can file the wrongful death claim. This is the individual named in the deceased’s will. If there is no will or the designated person is unavailable, the court will need to appoint someone to fill this role. 

While only a personal representative can file the case, the proceeds of the claim benefit certain family members. Here’s a list of people who can receive compensation from this type of claim in Alabama:

• Spouse or Domestic Partner: Personal injury law may allow you to file a wrongful death claim if you were in a civil union, formal marriage, common law marriage, or domestic partnership with the decedent.
• Surviving Children: If you’re an adult whose parents passed away due to someone’s fault, the law allows you to bring a wrongful death lawsuit against the at-fault party. In addition, siblings have equal rights, highlighting the need to consolidate the claim.
• Surviving Parents: If the deceased victim is a minor, the surviving parent can bring a wrongful death claim. Similarly, if the deceased individual was unmarried with no child, their surviving parents are considered their immediate family members.

What Are the Grounds for Filing a Wrongful Death Claim?

You must prove the following to establish fault in a wrongful death case:

• The responsible party knew or should have known their actions or inaction could cause injury or death
• The at-fault party continued with the negligent behavior
• The negligent behavior of the at-fault party caused the death of your loved one
• You suffered losses because of the wrongful death of a loved one

A wrongful death attorney can help you understand the next steps to take, navigate the claim filing process, and gather evidence to support your wrongful death claim.

Get Legal Help From an Alabama Experienced Wrongful Death Attorney 

If you’ve lost a loved one due to someone else’s fault, a wrongful death claim could benefit you or your family. A reputable attorney from Luck Law LLC can help you understand your rights and support you through the claim process. Contact us online or at 334-262-5455 for a free case evaluation.