Steps to Take After a Wrongful Death in Alabama

Losing a loved one because of someone else’s negligence or carelessness is a devastating experience. Beyond the grief and shock, families may be unsure about what to do next or how to hold the responsible party accountable. At Moore Law Firm, our wrongful death lawyers in Mobile, Alabama help grieving families take legal action and pursue the justice and financial stability they deserve.

Understanding Alabama Wrongful Death Laws

Under Alabama law, wrongful death is defined as a death caused by another’s “wrongful act, omission, or negligence.” Although proceeds from a wrongful death settlement or award go to the deceased person’s beneficiaries, a lawsuit may only be filed by the personal representative of the estate, not by individual family members.

Punitive Damages

Unlike many other states, the only type of damages available in wrongful death cases in Alabama are punitive damages. Instead of providing compensation to the family for things like medical bills or pain and suffering, punitive damages are designed to punish the wrongdoer and deter them and others from similar behavior. In Alabama, proceeds from this type of lawsuit are not subject to claims by the deceased’s person’s creditors.

Statute of Limitations

The statute of limitations for claims in Alabama is two years from the date of the person’s death. Although there are exceptions. f your wrongful death lawsuit isn’t filed within this two-year timeframe, it will probably be dismissed. In some situations, the clock may be paused or start later if the cause of death wasn’t immediately discovered. These rules can be confusing, so it’s best to seek the advice of an Alabama wrongful death lawyer who can evaluate your case and advise you of your options.

What to Do After a Wrongful Death in Alabama

Contact an Alabama Wrongful Death Attorney

The first step to take after the wrongful death of a loved one is to find a personal injury attorney who understands Alabama wrongful death law and has a proven record of success litigating these types of cases. Your lawyer can:

• Review the circumstances of your loved one’s death
• Determine whether the facts of the case meet the legal definition of wrongful death in Alabama
• Advise you on whether you have a viable claim
• Explain the most effective course of action for finding legal recourse
• Thoroughly investigate your case
• File an insurance claim and/or complaint with the court
• Negotiate with insurers and handle all aspects of your case so you and your family can focus on supporting each other.

Typically, wrongful death claims in Alabama require in-depth investigation, expert witnesses, and a legal team that knows how to build compelling arguments to achieve the best possible outcome for your case.

Open the Estate

If your loved one’s estate hasn’t been opened in probate court, you must open it before filing a claim or lawsuit. If they had a will, the named executor will be the personal representative of the estate. If not, the court will appoint a representative, which is often a spouse, adult child, or another close family member.

Once appointed, the personal representative has the authority to file the wrongful death lawsuit on behalf of the estate. Dealing with opening an estate can be daunting. Our wrongful death attorneys in Mobile, AL can guide you through the process and ensure all your legal bases are covered.

Filing and Litigating the Lawsuit

After the estate is opened, your attorney can file a lawsuit in Alabama civil court. They will likely file a claim with the negligent party’s insurance company as well.

Filing both claims at the same time can help to ensure a lawsuit is filed within the two-year statute of limitations. Most families are unaware that they can do this and simply file a claim with an insurer. This can sabotage your case if negotiations drag on as the lawsuit deadline approaches.

Discovery and Negotiations

Next, your wrongful death lawyer gathers and exchanges evidence with the defendant’s attorneys during the discovery process. During this time, they will likely negotiate with the insurance company as well.

Most cases are resolved through negotiations, so it’s vital to have a tenacious attorney who knows how to counter settlement offers with solid evidence and compelling arguments that prove negligence, liability and the full extent of the losses your family has suffered.

Trial

If a fair agreement can’t be reached, your case proceeds to trial, where each side has the opportunity to submit evidence, examine witnesses, and present their case. A jury or judge then decides whether the defendant is liable and the amount of damages to award to the plaintiff. There is no cap on punitive damages in Alabama wrongful death cases.

How Are Damages Awarded in an Alabama Wrongful Death Lawsuit?

In Alabama, punitive damages are not distributed to an estate like other assets are. Instead, proceeds from a wrongful death settlement or court award are divided among legal heirs according to Alabama intestacy laws. For example, unmarried partners or friends cannot receive a portion of damages even if they are named in a will.

How Our Mobile Wrongful Death Lawyers Can Help

Our wrongful death attorneys know that our role involves much more than filing paperwork and negotiating with insurance companies. We realize that this is an incredibly challenging and emotional time for your family. We approach your case with compassion and respect and keep you informed every step of the way. Although no amount of money can change what happened, our goal is to ensure your loved one’s story is heard and help you secure damages that bring your family a sense of justice, accountability and financial security.

Quality Legal Representation You Can Trust

With more than four decades of experience helping injury victims in Alabama, our team has built a strong reputation with our clients and the legal community. We understand the sensitive nature of these claims and provide the compassion and professionalism you deserve. Our lawyers take cases on a contingency fee basis, which means you don’t pay any upfront costs and we get paid only if we win your case.

Contact a Mobile, AL Wrongful Death Lawyer Today

If you’ve lost a loved one due to someone else’s negligence, Moore Law Firm is here to help you hold responsible parties accountable and find justice. To schedule a case evaluation call 251-445-7602, contact us, or use the convenient chat feature on our website to get in touch. Our Alabama wrongful death lawyers serve clients in Mobile, Daphne, Fairhope, Saraland and surrounding communities.