Who Can File a Wrongful Death Lawsuit in Alabama?

Losing a loved one is never easy. But it can be especially tragic when that loss comes as a result of someone else’s negligent or reckless actions. Fortunately, Alabama law provides a path for families of these accident victims to achieve justice through a wrongful death lawsuit. A successful wrongful death lawsuit can result in punitive damages from those responsible for the loss. While monetary compensation will never replace the loss of your loved one, it can help make the following years easier. But who can file a wrongful death lawsuit in Alabama? Surprisingly, the answer to that question may be less obvious than you might think.

A Wrongful Death Lawsuit Is a Type of Personal Injury Lawsuit

If you are seriously injured in a car accident in Alabama, the process for getting compensation for your medical bills and lost work time is reasonably simple. You file an insurance claim with the company that insures the driver responsible for the accident. If doing so doesn’t get you the money you need, you can file a personal injury lawsuit against the driver and their insurance company. The court grants you the right to file this lawsuit because you were the person who suffered harm due to the negligence of another party.

A wrongful death lawsuit is a type of personal injury lawsuit. However, it differs from typical lawsuits in that the person who was harmed in the accident cannot file the lawsuit for themselves. Instead, this falls to certain loved ones. But exactly who can file a wrongful death lawsuit in Alabama on behalf of a loved one?

A wrongful death lawsuit differs from typical personal injury lawsuits because the person who was physically harmed is no longer around to file the claim.

Wrongful Death of a Minor

Alabama has different laws for who can file a wrongful death lawsuit, depending on whether the deceased is an adult or a minor. According to Alabama statutes, if the deceased is a minor, only the parents can file a wrongful death lawsuit for up to six months after the death.

If the minor’s parents choose not to file a lawsuit during that window or are unable to file a lawsuit, the personal representative of the minor may file a wrongful death lawsuit until the statute of limitations runs out. A personal representative is roughly the equivalent of an executor and may need to be assigned by the court, since the personal executor of a minor is often one of their parents.

Finally, the term “minor” can be confusing when it comes to this law. For this statute, a minor is anyone under the age of 19 years old. This means that even though 18-year-olds are legally adults, they are considered minors in Alabama under wrongful death laws.

Were you devastated by the loss of a loved one in Alabama? At Caldwell Wenzel & Asthana Injury Lawyers, we understand how difficult it can be to navigate the aftermath of such a loss. Contact our law firm at (251) 444-7000 to find out how we can help in your time of need today.

Wrongful Death of an Adult

When an adult passes away due to the negligence of another party, the rules are slightly different in Alabama. The parents of the adult no longer automatically have the right to file a lawsuit. Curiously, the spouse, children, and siblings of the deceased do not necessarily have that right, either.

Instead, the state awards the right to file a wrongful death lawsuit exclusively to the personal representative of the deceased’s estate. This means that the deceased’s estate receives all of the compensation that would normally be awarded by a personal injury lawsuit, and that money is then disbursed to inheritors as directed by the will.

But what happens when the deceased doesn’t have a will? This can be an obstacle, but it doesn’t necessarily prevent a wrongful death lawsuit from being filed. The court will need to assign a personal representative in this case. If your loved one has died intestate and all relatives agree about who should be the personal representative, the court should approve one reasonably quickly.

This gives the personal representative plenty of time to find an experienced wrongful death lawyer to help them file a lawsuit before the statute of limitations runs out. The probate process may prove complex after the lawsuit is done, but that won’t impact the statute of limitations.

Who Does the Personal Representative Represent?

Suppose someone who does not have a spouse or children dies in a car accident. The person’s siblings may be in line to inherit their estate. You might assume that their personal representative is representing the siblings’ interests in the resulting wrongful death lawsuit, but that’s not necessarily true.

A personal representative is required to represent the interests of the estate. If you are named as an heir in a will, the interests of the estate probably coincide with yours, but they don’t have to. For example, the personal representative might agree to a settlement offer from a defendant that is for a lower value than they could have potentially obtained because it better protects the reputation of the deceased. Similarly, you might need to receive the money as soon as possible to cover funeral expenses, but the estate is not required to abide by the timeline of any heirs.

Contact Caldwell Wenzel & Asthana Injury Lawyers Today

If you lost a loved one in Alabama due to the negligence of another, the experienced team at Caldwell Wenzel & Asthana Injury Lawyers can fight for the justice you deserve for your loss. We can help you determine who can file an Alabama wrongful death lawsuit among your loved ones and how much money you may be entitled to seek from the responsible party.

Don’t wait to take action after losing a loved one to someone else’s negligence. Our caring legal team can support you during this difficult time. Contact us at (251) 444-7000 to schedule a free consultation today.