Who Can File a Wrongful Death Claim in Alabama?

Losing a loved one is a devastating experience that can leave a family feeling helpless and overwhelmed. When that loss is due to the negligence or wrongful actions of another person or entity, it can be even more difficult to come to terms with. In Alabama, families who have lost a loved one due to the wrongful actions of another person or entity may be able to file a wrongful death claim. However, not everyone is eligible to file such a claim. In this blog post, we’ll take a closer look at who can file a wrongful death claim in Alabama.

First, it’s important to understand what a wrongful death claim is. A wrongful death claim is a legal action taken by the family of a person who has died due to the negligent or intentional actions of another person or entity. The purpose of a wrongful death claim is to seek compensation for the losses suffered by the family as a result of their loved one’s death, such as lost income, medical expenses, and funeral expenses.

In Alabama, only certain people are eligible to file a wrongful death claim. These individuals include:Who Can File a Wrongful Death Claim in Alabama?

The personal representative of the deceased person’s estate – The personal representative is the person who is responsible for managing the deceased person’s estate after their death. In Alabama, the personal representative is the only person who can file a wrongful death claim on behalf of the deceased person’s estate.

The deceased person’s surviving spouse – If the deceased person was married at the time of their death, their spouse is eligible to file a wrongful death claim. If the deceased person was not married at the time of their death, their children may be eligible to file a claim.

The deceased person’s children – If the deceased person was not married at the time of their death, their children may be eligible to file a wrongful death claim.

The deceased person’s parents – If the deceased person was not married and did not have any children, their parents may be eligible to file a wrongful death claim.

It’s important to note that in Alabama, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death. This means that if you are eligible to file a claim, you must do so within two years of your loved one’s passing.

It’s worth noting that wrongful death claims can arise from a variety of circumstances, such as car accidents, medical malpractice, workplace accidents, and even criminal actions. Regardless of the cause of your loved one’s death, it’s important to seek the advice of an attorney who has experience in handling wrongful death claims in Alabama.

When filing a wrongful death claim, there are a few key elements that must be proven in order to establish liability. These elements include:

Duty of care – The plaintiff (the person filing the claim) must establish that the defendant (the person or entity being sued) had a duty of care to the deceased person. This means that the defendant had a legal obligation to take reasonable steps to prevent harm to the deceased person.

Breach of duty – The plaintiff must prove that the defendant breached their duty of care by acting negligently or recklessly, or by failing to take action when they should have.

Causation – The plaintiff must establish that the defendant’s breach of duty was the direct cause of the deceased person’s death.

Damages – The plaintiff must prove that they suffered damages as a result of their loved one’s death, such as lost income, medical expenses, funeral expenses, and pain and suffering.

Proving these elements can be challenging, and it’s important to have an experienced attorney on your side who can help you build a strong case.

As a law firm that specializes in handling wrongful death claims in Alabama, at Jacob A. Maples,  we understand how devastating the loss of a loved one can be. We also understand that navigating the legal process can be overwhelming, which is why we are here to help.

When you work with us, we will start by conducting a thorough investigation into the circumstances of your loved one’s death. We will work to gather all the evidence necessary to prove liability and damages, including witness statements, medical records, and accident reports. We will also work with experts, such as accident reconstruction specialists and medical professionals, to help establish liability and damages.

Throughout the legal process, we will keep you informed of your rights and options and work tirelessly to ensure that your case is resolved as quickly and efficiently as possible. We are skilled negotiators and litigators who are not afraid to take your case to trial if necessary to secure the compensation you deserve.

If you have lost a loved one due to the wrongful actions of another person or entity in Alabama, don’t hesitate to reach out to us for help. With our experience and expertise, we can help you understand your legal options and work to secure the compensation you deserve.