Do I Qualify to File a Wrongful Death Lawsuit in Alabama?
Losing a loved one in a preventable accident is one of the most traumatic experiences imaginable. On top of the emotional toll, families are often left dealing with immense uncertainty about the future as well as significant financial strain. If you are in this situation, Alabama law may allow you to hold the responsible party liable through a wrongful death lawsuit.
However, Alabama has stricter rules than most states when it comes to who is allowed to file this type of claim. The wrong step at the wrong time could jeopardize your family’s ability to recover, so read on to learn about how these cases work and how an attorney can help.
Who Can File a Wrongful Death Lawsuit in Alabama?
In many states, a surviving spouse, child, or parent can file a wrongful death lawsuit on their own. Alabama takes a different approach. Under Alabama Code § 6-5-410, only the personal representative of the deceased person’s estate is generally permitted to bring a wrongful death claim.
This means that a family member does not automatically have the right to file a lawsuit simply because they were closely related to the deceased. Instead, the person bringing the claim must have the legal authority to act as the estate’s personal representative.
Who Can Serve as the Personal Representative?
The personal representative is typically the executor named in the deceased person’s will. If there is no will or no executor was named, the probate court can appoint someone to serve in that role.
The person appointed may be a close family member, such as a:
- Surviving spouse
- Adult child
- Parent
- Sibling
Although the personal representative files the wrongful death lawsuit, damages recovered through the claim may ultimately benefit the deceased person’s surviving family members. An attorney can help families understand the process of having a personal representative appointed when necessary.
Who Can File a Wrongful Death Claim for a Child?
Alabama has a separate rule for wrongful death cases involving minors. Under Alabama Code § 6-5-391, the child’s mother or father may bring a wrongful death action in circumstances permitted by the statute.
If the parents do not file an action within six months of the child’s death, the child’s personal representative may bring the claim. Because different rules apply to these cases, families should carefully determine who has the legal authority to file before proceeding.
What Qualifies as a Wrongful Death?
Not every death gives rise to a wrongful death lawsuit. To qualify under Alabama law, the death must have been caused by another person’s or entity’s ‘wrongful act, omission, or negligence.’ Essentially, the deceased must have had the right to file a personal injury claim had they survived.
Common situations that may support a wrongful death case include:
- Car accidents and other motor vehicle crashes caused by a negligent driver
- Workplace accidents resulting from unsafe conditions
- Medical malpractice that leads to a patient’s death
- Defective products that cause fatal injuries
- Violent criminal acts committed by another person
Proving that the at-fault party’s conduct directly caused the death is a central part of any wrongful death claim. An attorney can help gather the evidence needed to build your case.
Alabama’s Statute of Limitations for Wrongful Death
The statute of limitations for wrongful death cases in Alabama is two years in most cases. That means you generally have two years from the date of your loved one’s death to file a lawsuit in court. If you miss that deadline, you could lose the right to pursue compensation entirely.
There are limited situations where the timeline may look different, but they are rare. Reaching out to a wrongful death attorney early on is the best way to make sure you do not run out of time.
Contact the Alabama Wrongful Death Attorneys at Belt, Bruner & Barnett Personal Injury Lawyers for a Free Consultation
Filing a wrongful death lawsuit in Alabama starts with determining who has the legal authority to bring the claim. Belt, Bruner & Barnett Personal Injury Lawyers can help your family understand the process, evaluate your legal options, and take appropriate steps to pursue a wrongful death claim.
For more information, contact an experienced Alabama wrongful death lawyer at Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free consultation today.
We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas. We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Huntsville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73159361945047, -86.58690898412395
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694