Losing someone you love is hard enough. Losing them because of someone else’s negligence or wrongful conduct makes an already devastating situation feel impossible. You may be hearing from insurance companies, fielding questions to which you don’t have answers, and wondering whether filing a lawsuit is even the right thing to do.
This guide won’t pressure you to make any decisions. It’s here to help you understand your options so that when you’re ready, you have the information you need.
A wrongful death claim is a civil lawsuit filed when someone’s negligent, reckless, or intentional conduct causes another person’s death. It’s separate from any criminal charges that may be filed, and it’s filed by the deceased’s estate.
In Alabama, a wrongful death claim can be pursued any time a person dies as a result of another party’s wrongdoing. Common situations include:
If your loved one would’ve had a personal injury claim had they survived, their estate likely has a wrongful death claim now.
The personal representative of the deceased’s estate brings the claim on behalf of the family.
If your loved one had a will, the personal representative is typically named there. If not, the court can appoint one. Any damages recovered pass through the estate and are then distributed to the surviving spouse, children, or next of kin under Alabama’s distribution laws.
If you’re unsure whether your family has a representative in place, an attorney can help you get one appointed quickly so the case can move forward.
Alabama’s wrongful death law differs from every other state’s in one important way: Alabama only allows punitive damages in wrongful death cases. Punitive damages are designed to punish the wrongdoer for their conduct.
That means a case built on strong evidence of recklessness or misconduct can result in a far larger recovery than most families expect going in. Knowing how Alabama’s statute works and how to use it effectively is where experience makes a real difference.
If you believe your family may have a wrongful death claim, our attorneys are here to help. Learn more about how we handle wrongful death cases in Alabama.
“We can’t sue because it was an accident.”
Negligence doesn’t require intent. If someone’s carelessness caused your loved one’s death, that’s enough to pursue a claim.
“The insurance company already offered us a settlement.”
Insurance companies move fast after a death. An early settlement offer is rarely in the family’s best interest. Before accepting anything, speak with an attorney.
“It’s been a few months. We’ve probably waited too long.”
Alabama gives families two years from the date of death to file a wrongful death claim. That said, evidence can disappear quickly, and waiting makes it harder to build a strong case. If you’re considering a claim, the sooner, the better.
For many families, pursuing a wrongful death claim isn’t about the money. It’s about holding someone accountable for what happened, and making sure it doesn’t happen to someone else.
If you lost someone due to another person’s negligence or wrongful conduct, the attorneys at Taylor Martino Rowan are ready to help. We’ll sit down with you, answer your questions directly, and tell you honestly whether you have a case – at no cost and with no obligation. Schedule your free consultation today.
