Unlike in other states, Alabama does not allow family members of a deceased person to file a wrongful death claim. Alabama only allows the representative of the deceased person’s estate to file a wrongful death claim. Also, any damages in a wrongful death case in Alabama are paid to the estate.
What does this mean? The representative of the estate is usually the executor of the will. The executor is the only person who can file a wrongful death claim. And if the estate wins the case in court, then the damages goes to the estate. And the executor can only follow the terms of the will, if there is a will.
SIDENOTE: Everyone needs a will! It doesn’t matter if you have kids or not, have a lot of assets or not, every adult needs a will!
Alabama’s statute of limitations state that a wrongful death case must be filed within two years of the date of the death. There may be exceptions that change this timeframe, so it is wise for personal representatives considering a wrongful death case to seek an attorney who is licensed in the state in which the death occurs.
Contact Attorney Terry Luck of Luck Law, LLC. in Montgomery, AL to discuss y our wrongful death case.
