Understanding Wrongful Death Claims in Alabama

Losing a loved one is an unimaginable tragedy, especially when their death results from someone else’s negligence or misconduct. In Alabama, the law provides a pathway for families to seek justice through wrongful death claims. At Taylor Martino Rowan, our experienced attorneys are dedicated to guiding families through this challenging process.

Under Alabama law, a wrongful death occurs when a person dies due to the “wrongful act, omission, or negligence” of another party. This legal framework allows the deceased’s estate to pursue a civil lawsuit against the responsible party, seeking damages for the loss suffered.

In Alabama, only the personal representative of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. This individual is typically named in the deceased’s will or appointed by the probate court. It’s important to note that family members, such as spouses or children, cannot file the lawsuit unless they are the designated personal representative.

Alabama imposes a strict statute of limitations for wrongful death claims. Generally, the lawsuit must be filed within two years from the date of the person’s death. Failing to file within this timeframe can result in the loss of the right to seek compensation.

Unlike many other states, Alabama’s wrongful death statute focuses solely on punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future, rather than compensate the family for their loss. As such, the court does not award damages for medical expenses, lost wages, or pain and suffering.

Wrongful death claims can arise from various situations, including:

• Motor Vehicle Accidents: Fatalities resulting from car, truck, or motorcycle accidents due to another driver’s negligence.
  
• Medical Malpractice: Deaths caused by medical professionals failing to provide the standard of care.
  
• Workplace Accidents: Fatal incidents occurring in unsafe work environments or due to employer negligence.
  
• Defective Products: Deaths resulting from dangerous or malfunctioning products.
• Nursing Home Abuse: Fatalities due to neglect or abuse in long-term care facilities.

Navigating a wrongful death claim can be complex and emotionally taxing. Our attorneys at Taylor Martino Rowan are committed to providing compassionate and comprehensive legal support. We will:

• Investigate the Circumstances: Gather evidence to establish liability.

• Handle Legal Proceedings: Manage all aspects of the lawsuit, ensuring compliance with Alabama laws.

• Advocate for Justice: Strive to hold the responsible parties accountable through the pursuit of punitive damages.
  

For more detailed information on wrongful death claims and how we can assist you, please visit our service page: Wrongful Death Lawyers in Mobile, Alabama

If you’ve lost a loved one due to someone else’s negligence, don’t navigate this difficult time alone. Contact Taylor Martino Rowan today to discuss your legal options and take the first step toward justice.

Call our Mobile, AL wrongful death lawyers today at 251-433-3131 or request a free consultation here on our website.