Who Can File for Wrongful Death in Prattville, AL?

According to statistics released by the CDC, it is estimated that there are about 200,955 unintentional deaths due to injuries every year in the United States. Some of these deaths fall within the category of wrongful death. Unfortunately, if your loved one has died because of someone else's carelessness, it can be challenging to determine what steps to take next. 

Under Alabama law, a deceased person's family can legally file a wrongful death claim against a negligent or reckless party who caused the deceased's death. However, there are stringent requirements if you want to file a wrongful death lawsuit to obtain compensation. That's why it's usually best to consult a Prattville wrongful death attorney from Luck Law, as we know the law and can assess whether you have a claim. 

What Constitutes A Wrongful Death In Alabama?

According to Alabama codes 6-5-391 and 6-5-410, a wrongful death is defined as an unfortunate death caused by a wrongful act, negligence, or omission of another individual. Ultimately, this means that a wrongful death happens when an individual dies directly because of the legal fault of another entity or individual. A wrongful death can arise in many different circumstances, some of which include: 

• A negligence-based incident like a vehicle accident. 
• An intentional act, such as assault or another crime. 

A lawyer can help you find out if your case qualifies as a wrongful death in Alabama. 

Who Is Permitted To File For Wrongful Death In Prattville, AL?

Every state has its way of handling wrongful death, and Alabama is no different. State law allows select parties to file a wrongful death claim and seek damages. In Prattville, Alabama, who has the right to file this type of lawsuit will depend on who has died: 

• Minor victims: If the deceased was younger than 19 years old, the only people permitted to file a wrongful death case on their behalf are the minor's mother or father. Additionally, the mother or father of the deceased minor has six months from the date of the child's death to file a wrongful death lawsuit. If a six-month period has expired, the only person permitted to file a wrongful death lawsuit on a deceased behalf is his or her personal representative. 
• Adult descendants: Unlike in other states where a deceased's family members can file this type of lawsuit, in Alabama, only the deceased's personal representative is legally permitted to do this. The proceeds of a successful claim can be distributed to family members, however.

What Are You Able To Recover In A Wrongful Death Lawsuit?

Only the personal representative (except in the case of deceased minors) can file a wrongful death lawsuit to get compensation. Curiously, Prattville, Alabama, handles compensation for wrongful death differently than other states. 

Most U.S. states will award compensation for losses and expenses like burial costs, medical fees, and hospital bills, but in Alabama, the courts only award punitive damages. This is because the focus is on punishing the defendant to prevent similar wrongful behavior in the future. Yet, the deceased representative and close family members can still use the punitive damages to compensate for various losses related to their loved one's death. 

Additionally, it should be noted that, unlike other states, Alabama doesn't have a cap on the amount of compensation a family can obtain through a wrongful death lawsuit. 

Speak With A Prattville Wrongful Death Attorney Today To Discuss Your Case

If your loved one has died because of someone else's negligence or recklessness, you can fight for compensation on their behalf. At Luck Law, our lawyers can help you determine if you have the right to file a wrongful death claim. 

We can also work with you to gather the evidence needed to build a strong case. We care about our clients and want them to secure the justice their loved ones deserve. So, contact us when you're ready to take things further, and we'll help you.