Alabama Wrongful Death Act

In Alabama, wrongful death claims are governed by the Alabama Wrongful Death Act, which is found in the Alabama Code, Title 6, Chapter 5, Sections 6-5-410 to 6-5-416. Here are some key points about the Alabama Wrongful Death Act:

1. Who Can Bring a Wrongful Death Claim: In Alabama, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. This personal representative is typically appointed by the probate court.
2. Time Limit (Statute of Limitations): The statute of limitations for filing a wrongful death lawsuit in Alabama is generally two years from the date of the person's death. However, there can be exceptions to this timeframe, so it's important to consult with an attorney.
3. Damages: The Alabama Wrongful Death Act allows for the recovery of various damages, including but not limited to:
4. The value of the deceased person's lost wages and earning capacity.
5. The value of the deceased person's lost care, companionship, and protection to their survivors.
6. Medical and funeral expenses related to the deceased person's injuries and death.
7. Comparative Fault: Alabama follows the doctrine of contributory negligence. This means that if the deceased person is found to be even slightly at fault for the accident that led to their death, their estate may be barred from recovering damages in a wrongful death claim.
8. Punitive Damages: In some cases, punitive damages may be awarded if the responsible party's actions were particularly reckless or wanton.

Please note that laws can change, and it's crucial to consult with an attorney who is knowledgeable about the current legal standards and requirements for wrongful death cases in Alabama. Additionally, the specific circumstances of each case can vary, so legal advice should be tailored to your individual situation.

Contact Attorney Ramon Martin of The Justice Law Firm, LLC today for a free consultation to discuss your case.