Common Mistakes in Alabama Wrongful Death Claims

  • When you've lost a close family member due to the careless or negligent actions of another, you may want to file a claim for the loss you and your family have suffered. That means filing a wrongful death claim for your suffering and damages. Sadly, it can be easy to make a mistake when preparing these claims.

    Continue reading to learn more about common mistakes in Alabama wrongful death claims. For information regarding your specific case, contact a lawyer for a free consultation.

    Filing Too Late

    When you're filing a wrongful death claim, you'll need to ensure you're acting on time to file. Injury and wrongful death claims in Alabama have a time limit. If you don't act within that time limit, you could be barred from recovery and your claim could be dismissed.

    One of the biggest mistakes many Alabama families make is failing to file within the two-year time limit. Keep in mind that this time passes more quickly than you imagine, so speak to your family and your lawyer before your time is up.

    Letting the Right People File

    Alabama also restricts who is able to file for a wrongful death claim. This law is to prevent multiple people from seeking a claim at once, though it can also impact your claim. You may not be the person eligible to file a claim, for example.

    Alabama, more so than other states, has stricter laws on who can file. In Alabama, only the personal representative of the deceased's estate can file a claim. Many family members spend valuable time, money, and energy trying to file for their loved ones only to have their cases dismissed.

    Lacking Evidence

    If your family chooses to seek out a wrongful death claim, the personal representative will need to gather evidence that the other party was responsible for the fatal injury. This evidence may include police reports, eyewitnesses, photos of the scene, to name a few.

    Unfortunately, if your family fails to gather enough evidence to prove that the defendant was at fault, you may not receive the compensation your family is owed. You'll need to prove that the person responsible had acted carelessly, had caused the injury, and that the injury caused death. Any missing pieces could damage your case.

    Correct Mistakes with Your Wrongful Death Lawyer

    When you’re reeling from the death of a loved one that could have been prevented, filing a wrongful death claim can quickly become overwhelming. It's easy to make a mistake when preparing your claim. That leaves you and your family struggling without the justice, compensation, and peace of mind that you need. Fortunately, an Alabama wrongful death lawyer from the Henry Dailey Law Firm can help.

    If you're struggling with a wrongful death claim, don't let mistakes stand between you and justice for your family. Instead, contact our attorneys for a free consultation about your options and your claim. Reach out by calling 205-995-2412 or by visiting us online for more information.