How Wrongful Death Claims Are Different from Other Types of Personal Injury Claims in Alabama

Losing a loved one is a devastating experience that can be even more challenging to bear when the death is a result of someone else’s negligence or intentional actions. In such cases, families in Alabama have the right to seek justice through wrongful death claims. However, it is essential to understand how wrongful death claims differ from other types of personal injury claims in Alabama and the specific requirements involved. This article aims to shed light on these differences and provide an overview of the requirements for filing a wrongful death claim in Alabama.How Wrongful Death Claims Are Different from Other Types of Personal Injury Claims in Alabama

Understanding Wrongful Death Claims

A wrongful death claim is a legal action brought by the surviving family members or the estate of a deceased person against the party or parties responsible for their death. While personal injury claims focus on seeking compensation for injuries suffered by an individual, wrongful death claims seek compensation for the losses suffered by the surviving family members due to the death of their loved one.

Key Differences between Wrongful Death Claims and Personal Injury Claims

  • The Injured Party: In personal injury claims, the injured person initiates the legal action seeking compensation for their injuries. In wrongful death claims, since the victim has passed away, the surviving family members or the estate of the deceased person file the claim on their behalf.
  • Damages Sought: Personal injury claims typically seek compensation for medical expenses, lost wages, pain and suffering, and other related damages. Wrongful death claims, on the other hand, focus on compensating the surviving family members for their emotional and financial losses resulting from the death. These losses may include funeral expenses, loss of financial support, loss of companionship, and mental anguish.

Requirements for Filing a Wrongful Death Claim in Alabama

  • Statute of Limitations: In Alabama, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. It is crucial to initiate the legal proceedings within this time frame to avoid the claim being barred by the statute of limitations.
  • Eligible Parties: The Alabama Code specifies that the personal representative of the deceased person’s estate must bring the wrongful death claim on behalf of the surviving family members. The personal representative is typically appointed through a will or by the court if there is no will.
  • Negligence or Wrongful Act: To establish a successful wrongful death claim, it must be proven that the death was caused by the negligent or intentional actions of another party. This requires demonstrating that the responsible party owed a duty of care to the deceased person, breached that duty and the breach directly resulted in the death.
  • Causation and Damages: In Alabama, it is essential to establish a causal connection between the negligent or wrongful act and the resulting death. Additionally, the surviving family members must provide evidence of the damages they have suffered as a result of the death.
  • Investigate the Incident: A crucial aspect of a wrongful death claim is gathering evidence to establish negligence or wrongful actions by the responsible party. An attorney can conduct a thorough investigation, obtain witness statements, review relevant documents, and work with expert witnesses to build a strong case.
  • Calculate Damages: Determining the full extent of the damages suffered by the surviving family members is complex. An experienced wrongful death attorney can help assess the financial and emotional impact of the loss, ensuring that all eligible damages are accounted for, including medical expenses, funeral costs, loss of income, and loss of companionship.
  • Handle Negotiations: In many cases, liable parties or their insurance companies may try to offer low settlements to avoid more significant financial responsibility. A skilled attorney will handle all negotiations on your behalf, aiming to secure fair and just compensation that fully reflects the losses endured.
  • Provide Support and Compassion: Losing a loved one is emotionally challenging, and pursuing a wrongful death claim adds another layer of stress. A dedicated attorney will offer empathetic support throughout the process, alleviating some of the burdens and allowing you to focus on healing and rebuilding your life.
  • Litigation Representation: If a settlement cannot be reached through negotiations, your attorney will be prepared to take the case to court. An experienced litigator will present the evidence and argue your case effectively, striving to achieve a favorable verdict.

If you believe you have a valid wrongful death claim in Alabama, we encourage you to contact Jacob A. Maples Law Firm. Their team of experienced attorneys specializes in personal injury and wrongful death cases, and we have a proven track record of advocating for our client’s rights.

At Jacob A. Maples Law Firm, we understand the emotional and legal challenges you may be facing after the loss of a loved one. By reaching out to our compassionate team, you can receive the guidance and support necessary to navigate the legal process and seek justice for your family.

Don’t wait to take action. Contact Jacob A. Maples Law Firm today to schedule a consultation and discuss your wrongful death claim. Our dedicated attorneys will listen to your concerns, provide personalized advice, and work tirelessly to pursue the compensation and closure you deserve.