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Losing a loved one as the result of an accident can be devastating. The extreme grief your family is feeling may be compounded by the loss of your loves one’s income and support. The estate is permitted to file a wrongful death lawsuit to hold a negligent defendant liable for actions that led to the death of your loved one. An experienced Athens wrongful death lawyer can help you seek justice for the loss of your loved one. En español
Any situation could potentially result in the death of a loved one. Certain possible scenarios are more likely than others to lead to death when the defendant’s negligence is the cause. Depending on the case, this could result in financial liability on the part of the defendant.
Some of the common incidents that can cause a fatal accident include:
The families left behind after a death often suffer financial and emotional hardship because of the defendant’s negligent acts. The defendant should be held accountable for these acts through a wrongful death lawsuit.
Alabama Code Section 6-5-410 permits only the personal representative of the decedent’s estate to bring the action to recover damages. The personal representative is either a named representative in the person’s will, or a person appointed by law to oversee the decedent’s estate. This is different than most other states, which typically permit other family members to file a wrongful death lawsuit as well.
When damages are recovered in a wrongful death lawsuit, they pass outside the estate, to the heirs at law. Typically, a surviving spouse and children will recover in this type of action, but other family members may as well, depending on the decedent’s familial situation.
While most states permit the recovery of many kinds of damages, including compensatory damages, Alabama specifically limits wrongful death to punitive damages. These damages are meant to punish the wrongdoing of the defendant. a skilled lawyer can help a plaintiff understand the potential recoveries that may be available.
Wrongful death actions are meant to punish the defendant for causing your loved one’s death and help the family with financial compensation. This civil action is permitted even if the defendant is also facing criminal prosecution for their actions.
An experienced Athens wrongful death lawyer can handle the legal elements of your case while you focus on grieving. When your family is ready, a compassionate attorney is ready to help. Please, call us when you are ready.
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In Alabama a personal injury claim or lawsuit must be filed within two years of the accident. In other words, if someone was injured on November 30, 2020, the deadline to file your personal injury claim or lawsuit is November 30, 2022.
