Losing a loved one is a terrible, life-changing heartbreak. When that loss happens because of another person’s careless, reckless, or intentional actions, the pain only grows stronger.
While nothing can bring back a loved one, Alabama law offers a path toward accountability. Alabama wrongful death law helps the living relatives of those killed by another person’s actions recover damages.
This article helps readers understand Alabama wrongful death claims by answering questions such as “Who can file a wrongful death claim?” and “How do I become a personal representative in an Alabama wrongful death case?” It will also explain how an Alabama wrongful death attorney can help.
What is a Wrongful Death Claim?
Alabama’s wrongful death statute says that a wrongful death suit can be based on another person’s “wrongful act, omission, or negligence.” In short, this means that a wrongful death is any death brought about through another person’s careless, reckless, or intentional action or inaction.
In the law:
- Negligence is complex, but in short, it happens when a person fails to exercise the same level of care that a reasonable person would have in the same situation. For example, a person who runs a stop sign because they were looking at their phone is probably negligent.
- Recklessness occurs when a person is fully aware of a danger and acts anyway. Example: A person looks directly at a stop sign but ignores it although they hear and see other cars in the area.
- Intentional actions happen when it is a person’s goal to cause a particular outcome. For example, a person points their car directly at another vehicle and hits the gas because they want harm to come to them.
An Alabama wrongful death lawsuit can be brought not only against a person, but also against businesses and their employees.
Wrongful Death vs. Survival Claims
An Alabama survival action (or “survivorship” claim) focuses on continuing the deceased person’s injury claim after their death. As such, survival claims can only exist if the deceased person filed an injury claim before their death.
By contrast, an Alabama wrongful death claim can be brought even if the person who passed away did not file a claim before dying. Additionally, the types of damages offered by each claim are quite different. (More on this in a moment.)
Wrongful Death: Civil vs. Criminal Proceedings
In a criminal case, a prosecutor brings charges against a suspect for alleged violation of the criminal law. To win, the prosecutor must prove the suspect’s guilt beyond a reasonable doubt. On the other hand, civil wrongful death lawsuits are brought by private citizens. Also, the standard to win is preponderance of the evidence, which is a much lower standard than beyond a reasonable doubt. As such, many civil cases succeed even when criminal cases fail. In fact, a civil wrongful death case can be filed even if no criminal charges are filed.
Who Can Bring a Wrongful Death Case?
Before answering this question, let’s look at the term
“personal representative.” In Alabama law, a personal representative is the person who is responsible for overseeing the estate of a deceased person.
If the person who passed was a legal adult (age 19 or older) at the time of their death, Alabama law says that only the personal representative (sometimes called an “executor” or “administrator”) can file a wrongful death claim. For minors (those under 19), a custodial mother or father can file the wrongful death claim. However, if a parent doesn’t file a claim within six months, only the personal representative can file it.
How Do I Become a Personal Representative for an Alabama Wrongful Death Case?
There are two ways to become a personal representative in Alabama. The first is through a will. If your loved one’s will names you as their personal representative, the court will honor this request.
If there isn’t a will, you can ask the court to appoint you as the personal representative. A family member who wants this responsibility must act within 40 days of their loved one’s passing. After 40 days, the court can appoint any qualified adult, including a non-relative, to the position.
What Kind of Damages Can I Recover in an Alabama Wrongful Death Claim?
Damages are money awarded by the law to people to compensate them for harm caused by others. There are many types of damages, but they can generally be placed into two categories: compensatory and punitive.
Compensatory damages reimburse plaintiffs for items such as medical bills, lost wages, and property damage. Their focus is trying to put the plaintiff in the same position that they would have been in without the accident.
Punitive damages punish a defendant for outlandish behavior. Rather than focusing on how much the plaintiff lost, punitive damages focus on how badly the defendant acted compared to others.
Rather than focusing on the plaintiff’s financial losses, Alabama’s approach to wrongful death focuses instead on whether the defendant behaved badly. As such, in Alabama, a person who wins a wrongful death case can only receive punitive damages.
For example, assume that the accident cost your family thousands of dollars in hospital bills and the other driver ran a red light. In an Alabama wrongful death claim, you cannot recover the funds spent on medical care unless you also have a survivorship claim. Your wrongful death recovery will depend on how the jury views the defendant’s actions. While there is no set formula, generally, cases with reckless or intentional behavior will receive higher damage awards than those with just negligence. Your Alabama wrongful death attorney can tell you more.
How Long Do I Have to File an Alabama Wrongful Death Claim?
Every legal case must be filed by a certain date. Lawyers call these deadlines statutes of limitations. In Alabama, there is a two-year statute of limitations for wrongful death claims. The court starts counting on the date of death.
While Alabama’s wrongful death statute of limitations is two years, earlier timelines may apply in certain circumstances, such as the 40-day deadline to become a personal representative. Therefore, it’s best to talk to a Birmingham wrongful death attorney as soon as possible.
Get Legal Help for Your Wrongful Death Claim
Navigating the Alabama wrongful death process can be emotionally overwhelming. But a Birmingham wrongful death attorney can help your family through every step. If you need help with a wrongful death claim in Alabama, contact Collins Law, LLC. Our firm will give your family compassionate legal guidance as we work to protect your legal rights. Call 205-588-1411 or use our online tool to schedule a free consultation.
