If you lost a family member due to injuries caused by another party, you may have the right pursue a wrongful death claim.
Whether your loved one died due to injuries sustained as a result of a car accident, a truck accident, a slip and fall accident, medical malpractice, or another wrongful act, the at-fault party should be held accountable. An Alabama wrongful death attorney can help you pursue justice and financial restitution.
Talking to an experienced personal injury attorney is the best way to determine the viability of your case. Your lawyer can also provide you with information regarding the potential value of your claim.
What Is the Alabama Statute of Limitations for Wrongful Death?
The Alabama statute of limitations for wrongful death is two years from the date of the victim’s death. If you fail to file court action within this period, you could lose your legal right to recover compensation for your damages.
Some exceptions to the statute of limitations could affect your claim. For example, if the at-fault party is a city or municipality, you or your lawyer must file a notice of your claim within six months of the death.
If you plan to pursue an Alabama county for wrongful death, you must file a notice of your claim within one year of the death in most cases.
How Long Do I Have to File a Wrongful Death Lawsuit in Alabama?
The Alabama wrongful death statute of limitations leaves little room for delay. By quickly initiating a legal claim, you can protect your legal right to recover compensation.
Taking quick action provides other benefits as well.
The sooner your attorney can get started on your case, the better. As time passes, evidence can be lost and witnesses’ memories can fade.
When you allow your attorney to start building your case immediately, you can focus on spending time with loved ones and handling the many other tasks and responsibilities you face.
Who Can File an Alabama Wrongful Death Claim?
Alabama law requires that a personal representative of the victim’s estate bring any wrongful death action. Because of the personal representative’s involvement, the victim’s estate must be opened in probate court.
Initiating probate proceedings poses its own set of legal challenges. Consulting an attorney can help ensure that your claim meets the state’s legal requirements.
In the event that the victim was under 18, the victim’s mother or father can commence legal action.
If both the mother and father are already deceased, or if neither mother or father commences legal action within six months of the victim’s death, a designated personal representative can pursue a legal claim.
How Are Wrongful Death Proceeds Divided in Alabama?
Although a personal representative of the victim must initiate legal action, the personal representative does not recover the settlement or jury award granted in an Alabama wrongful death action.
The proceeds of the claim will be distributed to the victim’s heirs through probate..Even if the victim died with a will, the probate court will disburse any proceeds in accordance with Alabama’s inheritance laws rather than following the will.
This distribution depends on whether the victim had a spouse, children, or surviving parents.
An Alabama wrongful death attorney can explain how the state law applies to your case and how it could affect your potential settlement.
Talk to An Alabama Wrongful Death Lawyer Today
If your loved one died due to the actions of another party, talk to an experienced attorney as soon as possible. The personal injury lawyers of the Fob James Law Firm understand how difficult this time is, and we are here to help you. We provide personalized legal representation tailored to your specific needs, and we fight to get you and your family the justice you deserve.