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Wrongful Death Lawsuit FAQs

wrongful deathThe grief that accompanies losing a loved one is traumatic, and there can be an added layer of sadness and anger when your loved one’s death was caused by someone else’s negligence. The wrongful death attorney at Moore Law Firm provides the support you need to ease your stress and financial burden and help your family recover the compensation you deserve.

What Is Wrongful Death?

According to Alabama law, a wrongful death occurs when someone is killed due to a “wrongful act, omission, or negligence” of another. In Alabama, a wrongful death claim must be brought within two years of the date of the victim’s death.

Who Can File A Wrongful Death Claim?

The laws that apply to wrongful death claims can be confusing. In Alabama, wrongful death claims can be brought only by the deceased person’s personal representative, such the executor of a will.  This person has to be appointed as the personal representative by the Probate Court after appropriate paperwork is filed. There is an exception to this rule — when the death involves a minor child, parents are allowed to bring a wrongful death suit against the responsible party. Seeking the counsel of a wrongful death attorney who is familiar with the intricacies of Alabama law can help you navigate the complex court system and ensure your family’s rights and interests are protected.

Who Is Liable For My Loved One’s Death?

Wrongful death cases often involve motor vehicle accidents, drunken drivers, nursing home abuse or neglect, and defective products, but any person or entity that caused a death may be subject to a wrongful death claim.

What If My Loved One Was Murdered?

Murder is a criminal act that is tried in the criminal court. A wrongful death claim is a matter of civil law, and is litigated in the civil court. When a judge or jury in the civil court rules in favor of the plaintiff in a wrongful death case involving murder, the defendant is to pay punitive damages.

What type of damages can I recover?

Alabama is a punitive damage only state for wrongful death cases.  Punitive damages are damages awarded to deter wrongful conduct and do not take into consideration medical bills, lost wages, the financial status of the party etc.   Alabama does not allow the recovery of compensatory damages.

Is the recovery subject to debts of the person who passed away?

No.  Under Alabama Code 6-5-410 – The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.

Why Do I Need A Wrongful Death Lawyer?

No amount of money can bring your loved one back, but having a wrongful death attorney in your corner is vital to ensure you recover maximum compensation for your family’s losses and to make a difficult time easier. Our compassionate Alabama wrongful death attorney understands how emotionally and financially draining losing a loved one can be. If you have lost a loved one due to someone else’s negligence, contact Moore Law Firm to schedule a consultation.