The death of a loved one is every person’s worst nightmare, and this pain is amplified when they pass away unexpectedly. When this death is associated with—or caused by the actions of—another individual, emotions can cross a distinct line from sadness to anger. In this case, justice must be obtained. You need the guidance of an experienced wrongful death attorney on your side.
The Huntsville, Alabama Wrongful Death Attorneys at Martinson and Beason, P.C. have the experience and understanding to handle these sensitive matters and can assist families in getting the compensation they deserve and need for the loss of their family member. If your friend or loved one died as a result of the wrongful conduct of another, it’s important that you consult with an experienced Alabama wrongful death lawyer about a wrongful death lawsuit immediately.
A wrongful death lawsuit is a claim brought against someone who may be—directly or indirectly—responsible for the death of your loved one. Wrongful death cases are quite complex, and there is a wide array of circumstances in which punitive compensation can be awarded to the family of a deceased individual. These circumstances include, but are not limited to: motor vehicle accidents, product liability, and nursing home abuse.
In Alabama, the rules and regulations regarding wrongful death lawsuits are quite different than those of other states. The proper party to bring a wrongful death lawsuit in Alabama is the administrator of the decedent’s estate. This means that, in order to bring a wrongful death claim in Alabama, an estate must be set up. A wrongful death claim in Alabama is brought pursuant to Alabama Code § 6-5-410. Alabama’s wrongful death statute is unique in that it only allows punitive damages to punish the wrongdoer and does not allow for recovery of compensatory damages. Any damages recovered under Alabama’s wrongful death statute passes outside of the estate and are not subject to the payment of debts or liabilities of the decedent.
The most unique aspect of wrongful death law in Alabama is that these cases only allow for punitive damages. Therefore, one cannot recover compensatory damages (i.e. damages for items such as medical bills, future lost wages, and pain and suffering).
Regardless of which state a wrongful death claim is filed in, there is one crucial component of these cases that simply cannot be ignored: acting swiftly. You need to be as proactive as possible when filing a wrongful death claim due to the statute of limitations that applies to such cases. In Alabama, a wrongful death lawsuit can be filed up to two years after the death of a loved one. However, these limitations change depending on the party you are filing a claim against on behalf of your deceased love one.
For example, if the case involves a claim against a city or county, a notice of claim also has to be filed prior to filing suit. In the case of a city, a notice of claim has to be filed within 6 months of the incident giving rise to the suit, and in the case of a county, the notice of claim has to be filed within one year of the incident giving rise to the suit. Because of this small window of time when filing, it’s critical that an experienced Alabama Wrongful Death Lawyer is contacted immediately to preserve evidence, conduct a thorough investigation, and set up an estate.
The attorneys at Martinson and Beason, P.C. have spent decades helping families just like yours receive the compensation they deserve for the sudden loss of a loved one. We urge you to contact us as soon as possible. We can learn more about your case and help you obtain the justice you and your loved one deserve.
Our Alabama wrongful death lawyers handle all wrongful death cases on a contingency fee basis, which means we do not charge you a fee until and unless we make a recovery for you.
Email us or call us at (256) 533-1667.
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