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Things to Know About Wrongful Death Claims in Alabama

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When a loved one passes away, it’s already painful, and your family might be mourning this loss for some time. But when a family member is the victim of someone else’s negligence, from a car accident to an intentional attack, your family deserves compensation for the loss.

In these cases, you’ll need to prepare for a wrongful death claim, but what do you need to know about wrongful death claims in Alabama? State laws will greatly affect your claim, so you’ll need to be prepared before you file. An attorney will be a useful guide, but before you file, you’ll need to know about who can file and how a claim could affect your family.  

Who Can File?

First, you’ll need to know who’s eligible to file a wrongful death claim for the loss of your loved one. Wrongful death claims are unique in that they must be filed by someone else for the damages the deceased experienced. Unlike many other states, however, Alabama has strict regulations about who is able to file after a loved one’s death.

Unfortunately, your family may be unable to file your loved one’s claim. Instead, the claim must be filed by a personal representative of the deceased’s estate. This representative may be a family member, but this rule limits your options for who can file.

You may need to speak to a lawyer about who will be eligible to file an Alabama wrongful death claim to seek compensation for your loved one’s death. We’ll help you and your family determine who will file the claim for your loved one.  

Your Compensation Is Limited

If you choose to file a wrongful death claim, keep in mind that the damages you can seek will be limited. You and your family won’t be able to seek compensatory damages for hardships like lost wages or the cost of the funeral and burial.

Instead, you’ll only be able to seek punitive damages. These aren’t meant to help your family members recover from this loss and provide the monetary support necessary to make up for what they’ve lost. Instead, the purpose of punitive damages is to punish the person who caused the accident.

The idea behind punitive damages is that, by forcing the at-fault party to pay high fines for the death, the person will be less likely to act recklessly in the future. Unfortunately, this also means that you and your family may not receive exactly the compensation you expected from the claim. Punitive damages still come in the form of monetary compensation, but they don’t directly cover specific damages.

You May Need an Alabama Wrongful Death Attorney

While the actions you and your family can take may be limited, a wrongful death claim in Alabama can help your family recover and have peace of mind after the loss of your loved one. Don’t just grieve—get help getting justice after your loss.

Fortunately, a lawyer from the Henry Dailey Law Firm can fight for the damages you and your family should receive. Our attorneys will review everything we can do for you in a free consultation. For help with your wrongful death claim, call us at 205-995-2412 or complete the form below.

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