Wrongful Death Lawsuits in Alabama
By: Ray Foushee, Attorney, Virtus Law Group, Birmingham Alabama.
What is a Wrongful Death Claim in Alabama?
Alabama Code 6-5-410 is the statute that provides for wrongful death actions. It defines wrongful death as “the wrongful act, omission, or negligence of any person. . . whereby the death of the testator or intestate was caused.” It is important to note that in Alabama only the personal representative of the deceased’s estate has the power to file the wrongful death lawsuit in Alabama. All this means is that in order for a wrongful death suit to be filed there must be an estate set up in the name of the deceased prior to any filing of a Wrongful Death Lawsuit. This separates Alabama’s Wrongful Death statute from other states that simply allow any family member to bring a lawsuit on behalf of the deceased.
If I do File a wrongful Death Suit what Damages are Available to Recover?
The damages available in Wrongful Death claims in Alabama again separate Alabama from other states. Some states provide for recovery of costs such as medical bills, funeral expenses, damages for pain and suffering and more. However, in Alabama the damages available in Wrongful Death Lawsuits are Punitive Damages. These damages are in place to punish the Defendant for wrong conduct, and to stop the Defendant from engaging in wrong conduct in the future.
Is There any Time Limit on When I can File A Wrongful Death Suit?
As with all cases there is a statute of limitations, or a time limit, on filing a Wrongful Death Suit. In Alabama the statute of limitations is generally two years from the date of the deceased’s death. Wrongful Death claims in Alabama can be very complex and have a lot of moving parts, that is why it is very important to contact an attorney that is experienced in handling Wrongful Death claims in Alabama. The attorneys at Virtus Law Group are experienced in Wrongful Death claims and are ready to help represent clients in these claims.
Founded in Birmingham, Alabama Virtus Law Group is a Personal Injury and Labor and Employment firm serving the people of Alabama.
