Life can change in an instant on Alabama’s roadways. When that change involves losing a loved one in a car accident, understanding your legal rights becomes crucial. In 2023, Alabama recorded 975 traffic fatalities, each representing a family facing unimaginable loss. Here’s what you need to know about wrongful death claims in the state.
What is Wrongful Death?
Under Alabama Code § 6-5-410 wrongful death is defined as a death caused by the “wrongful act, omission, or negligence” of another. Notably, Alabama only allows punitive damages in wrongful death lawsuits. The goal is to punish the wrongdoer and deter similar conduct, rather than compensate for losses.
Who Can File a Wrongful Death Lawsuit Following a Death by Auto Accident?
In Alabama, the right to file a wrongful death lawsuit is reserved for the personal representative of the deceased’s estate. This individual is typically named in the deceased’s will or appointed by the probate court. For minors under 19, parents have a six-month window to file the lawsuit. After that, the personal representative assumes this responsibility.
Steps to File a Wrongful Death Lawsuit
- Appoint a Personal Representative: This can be done through probate court. The personal representative is usually the executor named in the will or next of kin.
- Gather Evidence: This should include accident reports, medical records, witness statements, and/or expert testimonies.
- File the Lawsuit: You will havetwo years from date of death. The time dwindles to six months if filing against a government entity.
- Trial: If a settlement isn’t reached, the case proceeds to trial. At trial, a jury determines liability and damages.
What Can Be Included in a Settlement
Alabama’s wrongful death statute is unique in that it permits only punitive damages. This means the compensation is intended to punish the wrongdoer rather than compensate the family for specific losses like medical expenses or lost income. Consequently, the awarded damages do not become part of the deceased’s estate and are distributed to heirs according to Alabama’s intestate succession code 43-8-40
Why Legal Guidance is Crucial
Navigating Alabama’s distinctive wrongful death laws requires specialized legal expertise. An experienced attorney can:
- Ensure timely and proper filing of the lawsuit
- Conduct comprehensive evidence-gathering
- Maneuver through the complexities of punitive damages
- Advocate effectively in court to hold the responsible party accountable
Given the high stakes and emotional toll, having a knowledgeable legal advocate is essential to pursue justice effectively. The loss of a loved one in a fatal car accident is a painful tragedy. While no legal action can fill the void, pursuing justice through Alabama’s wrongful death statute can help prevent similar tragedies and hold responsible parties accountable.
The process may seem daunting, but you don’t have to walk the path alone. Timberlake, League & Brooks can help. Call us to schedule a free consultation.
