You need to be careful when filing a wrongful death lawsuit. This is what you need to know before you take legal action.
When you need to file a lawsuit, there is always a lot of room for error. For example, filing without an attorney is never recommended.
Filing a wrongful death lawsuit can present specific challenges, especially when considering the vulnerabilities of the family filing the claim.
Arming yourself with a great wrongful death lawyer and knowledge about the law is important. We’re here to tell you what you need to know when filing a wrongful death lawsuit in Alabama.
Ready to start learning? Keep reading to learn the facts about wrongful death lawsuits.
You’re Up Against the Clock
Unfortunately, the law doesn’t pause while you and your family grieve the loss of your loved one. You are up against the statute of limitations. In Alabama, you have two years from the time of your loved one’s death to file a lawsuit.
This is one of the biggest reasons to hire a wrongful death attorney. Your attorney can take over most of the heavy lifting, giving you the time and space you need to grieve.
Not Just Anyone Can File a Wrongful Death Lawsuit
In some states, certain family members can file a wrongful death lawsuit. In Alabama, the law isn’t quite as lenient.
In fact, only one person can file a wrongful death lawsuit in Alabama, and that’s the personal representative (aka the executor). There is one exception. If a minor is the victim of wrongful death, the mother or father has six months to file a wrongful death claim before the case must be turned over to a personal representative.
Wrongful Death Lawsuits Aren’t Just for Cases of Negligence
Wrongful death lawsuits fall under the jurisdiction of civil court. Oftentimes, wrongful death lawsuits are filed in instances of negligence, such as medical malpractice or car accidents.
However, not all wrongful death lawsuits are filed in response to negligence. If you lost a loved one to someone’s intentionally harmful actions, you can file a wrongful death lawsuit. In other words, you can file a wrongful death lawsuit against someone who is facing criminal charges for the same crime.
Wrongful Death Isn’t Easy to Prove
To the survivors of the decedent, the facts of the case often seem plain and simple. After all, you know what happened to your loved one and you know who is at fault.
In court, however, wrongful death isn’t easy to prove. Oftentimes, the defense lawyers are well-prepared to fight claims just like yours and will stop at nothing to do so. This is the biggest reason that you should always partner with a wrongful death lawyer.
Let Us Represent You in Your Birmingham Wrongful Death Lawsuit
If you’re considering filing a wrongful death lawsuit, make sure that you have prepared yourself as best you can. In addition to learning the basics about wrongful death cases, you’re going to want to hire an experienced attorney.
At Collins Law, we’re proud to represent Birmingham residents who have fallen victim to personal injuries or have lost a loved one to wrongful death. Schedule a case consultation with us today.