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What to Know about Wrongful Death in Alabama

By September 29, 2020 No Comments

In Alabama, a “wrongful death” is described as one that’s caused by the “wrongful act, omission, or negligence” of another. The state allows the estate of a wrongfully deceased person to bring suit against a party that caused the death. 

Additionally, the Code of Alabama notes that a wrongful death claim may be brought to court even if “there has not been prosecution, conviction or acquittal of the defendant” for the wrongfulness that caused the death. Simply put, the person who may have caused the death does not have to be formally charged in order to pursue damages. This makes it possible for families or other loved ones to begin the process of recovering damages if the potentially wrongful death of a family member has caused serious financial loss with an immediate impact. 

How Damages Are Handled in Alabama Wrongful Death Cases

Unlike other states, Alabama’s wrongful death law allows only for punitive damages, meaning that instead of focusing on the loss of the deceased’s life and related damages, the law focuses almost unilaterally on what the defendant has done wrong. 

Any damages won are paid directly to the heirs of the deceased person and are not made part of his or her estate. For Alabama rules to apply, the person must have died within the borders of the state. 

Alabama’s Wrongful Death Statute of Limitations

Much like other states, Alabama has set a two-year statute of limitations for filing a wrongful death claim in the state’s civil court. There are certain factors that can affect this time constraint and that guidance can be provided by a qualified Alabama wrongful death attorney.

If a loved one has perished due to what could be considered a wrongful death, you may be entitled to damages or compensation as a result of the incident. It’s important to discuss your situation with a wrongful death attorney and Bevill & Bevill, LLC is here to help. Call us today at (205) 221-4646 to schedule a free consultation.