Losing a loved one is always a painful experience. When they died unexpectedly in a motor vehicle crash, however, the pain can feel unbearable. This is especially true if you believe that the other driver was responsible for the accident. If you believe the other driver was at fault, your family may be eligible for compensation.
You’ll need to know your legal options after a fatal car accident so you can seek justice for the pain your family has experienced. Alabama’s laws are strict, however, so you might reach out to a lawyer for the help you need fighting for your wrongful death compensation after losing a loved one.
When you’re considering legal action after your loved one’s passing, you’ll need to know who is able to file the claim, as well as how much time they have to file. The statute of limitations in Alabama for a wrongful death claim is just two years from the fatal accident. In this time, you’ll need to gather the necessary evidence and file the correct paperwork.
If you fail to file within the allotted time frame, your claim could be dismissed and you could be barred from recovery.
Who can file for your loved one’s compensation? Because the injured party is unable to file, Alabama lawmakers are specific about who’s eligible to file on their behalf. Unfortunately, only the personal representative of the estate can file a wrongful death claim after a fatal car crash. Furthermore, any compensatory funds will be allocated to the estate, rather than to the family.
If you’re not sure whether you’re the personal representative of the deceased’s estate, reach out for more information. A lawyer can help you determine whether you’re the right person to file, and they’ll review your legal options if you are.
Fight for Punitive Damages
Once you’ve determined who can file, you’ll need to know what’s at stake in the claim. Your family might be struggling to pay for the funeral, for example, or the final hospital bills left them financially unstable. The person responsible for your loved one’s death should cover these expenses, right?
Unfortunately, your legal options for compensation are limited. Instead of offering damages for your suffering, Alabama only allows punitive damages to be awarded to the family. These damages aren’t meant to compensate you, though. Instead, they’re meant to punish the negligent party for the harm they caused and, hopefully, deter others from acting so negligently in the future.
Although your family’s eligibility to recover damages is limited, you will have the option to fight back and receive some compensation for the losses your family has suffered. You’ll need to prove that the other party was dangerously negligent, so speak to your lawyer about the best approach for your case.
Seek Help from a Fatal Accident Attorney
Losing a loved one in an auto accident is devastating. Unfortunately, it can also leave you and your family struggling to recover financially from the loss. You will need to fight back for your rightful compensation.
What are your legal options after a fatal car accident? That depends on your connection to the deceased and the actions of the other driver. Fortunately, an attorney from the Henry Dailey Law Firm can help. We’ll review your claim, collect the necessary evidence, and represent you through the claims process.
Take advantage of our free claim consults and speak to an attorney today. Give us a call at 205-606-6970 or fill in the online form below.