- 251-888-8888
- Hablamos Español
Recovered
YeArs Experience
or You Don’t Owe Us a Dime
Recovered
YeArs Experience
or You Don’t Owe Us a Dime
Some states allow the victim’s surviving spouse or children to file wrongful death lawsuits. However, Alabama limits this right to the personal representative of the estate, also called the executor. This person is usually a family member who oversees the deceased’s estate. If a loved one did not select a personal representative before they passed away, the court can assign someone.
A friend, family member or another interested party may petition the court to become a personal representative of the estate. You should also note that a personal representative cannot be under the age of 19, a convict of an “infamous” crime or mentally unfit to serve.
Alabama does have an exception to the law on personal representatives filing wrongful death claims: if the deceased was a minor under the age of 19, the parents have the right to file a wrongful death lawsuit. They must bring the lawsuit within six months from the child’s death. After six months pass, the right passes to the personal representative of the minor’s estate.
A wrongful death is caused by the negligent, reckless or deliberate actions of another. This means that another party may be legally at fault for what happened. Alabama law allows some surviving family members to file a wrongful death lawsuit to seek compensation for their losses.
Wrongful death cases involve many types of accidents, including:
A wrongful death is caused by the negligent, reckless or deliberate actions of another. This means that another party may be legally at fault for what happened. Alabama law allows some surviving family members to file a wrongful death lawsuit to seek compensation for their losses.
Wrongful death cases involve many types of accidents, including:
You have two years from the date of your loved one’s death to file a lawsuit. If you miss the deadline, you lose the right to seek compensation.
You should contact an experienced lawyer to review legal options, even if you are unsure if you have a case. It takes time to investigate and gather evidence and you want your lawyer to have as much time as possible.
Alabama only allows survival actions if the victim had already filed a claim before passing away. The purpose of a survival action is to recover compensation for damages the deceased would have been entitled if he or she survived.
Damages are awarded to the estate instead of family members, and may include:
Alabama only allows survival actions if the victim had already filed a claim before passing away. The purpose of a survival action is to recover compensation for damages the deceased would have been entitled if he or she survived.
Damages are awarded to the estate instead of family members, and may include:
For nearly 30 years, the experienced wrongful death lawyers at Andy Citrin Injury Attorneys have been serving clients including those seeking wrongful death claims.
Although recovering compensation cannot change the outcome of a tragic incident, it is an important step for families.
Call our Mobile personal injury lawyers today to discuss your case. We offer free consultations with no upfront costs to manage your case from beginning to end.
Our office in Mobile is just a 15-minute drive from USA Health University Hospital.
Call us to schedule a free legal consultation. We can determine if you have a case and if so, discuss the options that are available to help you make an informed decision should you decide to pursue a damages lawsuit. We are available 24/7 and do not charge any upfront fees.
Our owner and CEO Andy Citrin has been selected as one of the top 100 trial lawyers in Alabama and has been featured in the Multi-Million Dollar Advocates Forum.
Unlike many other states, Alabama only allows punitive damages in wrongful death lawsuits. Punitive damages are meant as punishment for the defendant and to serve as a deterrent to similar conduct in the future.
Unlike other states, Alabama does not allow the personal representative to pursue compensatory damages, such as pain and suffering, loss of wages or medical expenses.
Alabama also does not place any cap on damages in wrongful death cases. While the state does have a cap on punitive damages in personal injury cases, this cap does not apply to wrongful death cases.
In Alabama, punitive damage awards from a wrongful death claim are not distributed based on what is in the deceased individual’s will. They are awarded according to Alabama’s intestacy laws.
This law follows a specific order of inheritance that is outlined by the state:
If the deceased has a spouse who shares the same biological children, the spouse inherits the first $50,000 of the estate plus half of the remaining estate. The children inherit the other half.
In cases where the deceased has children from another relationship, the spouse only inherits half of the estate and the children inherit the other half.
If there are no surviving spouses, children or parents, the estate will be equally divided among siblings.
If you are the spouse, child, parent, or sibling of someone who suffered a wrongful death, contact our Mobile wrongful death lawyers today. The consultation is free and there are no upfront costs. We are here to answer your questions and fight for your rights.
Mobile Wrongful Death Lawyers
Stepping Stones Grief Group
GriefShare has a list of support groups in the Mobile, Alabama area
At Andy Citrin Injury Attorneys, our Mobile wrongful death lawyers do not want families to be concerned about the complex legal process. We handle each step on behalf of our clients, providing compassionate legal guidance and support.
If you are navigating the aftermath of a wrongful death, you do not have to face it alone.
Stepping Stones Grief Group
GriefShare has a list of support groups in the Mobile, Alabama area
