Wrongful death in Alabama is defined as a death that is caused by another person’s negligence, omission, or wrongful act. Like other states, Alabama has laws that govern who may bring a wrongful death suit.
Under Alabama law, a wrongful death claim is seen as a personal injury claim in which the injured party, due to his or her death, is no longer able to bring suit against the responsible person.
Alabama wrongful death laws state that the deceased person’s estate may bring a suit against the negligent party on the deceased person’s behalf. Family members in Alabama are not allowed to bring a wrongful death suit. Only the estate may do so. Compensation would then be distributed to the deceased person’s heirs through the estate.
In Alabama, as in other states, a wrongful death suit is considered a civil matter. This means that you can file a wrongful death claim in civil court even if the negligent party has not been charged in a criminal court. It is not necessary for the defendant to face criminal charges in the same death in order to bring a wrongful death suit against that party.
There are some key differences between a criminal case and a civil case like a wrongful death suit. A criminal case is filed by the state against an entity or person believed to have committed criminal acts, and it carries the potential of imprisonment or other criminal penalties.
A wrongful death suit, on the other hand, is brought by a private party and has the potential of assigning monetary damages to the defendant.
Losing a loved one is difficult enough without the addition of filing a wrongful death suit. If you have lost a loved one because of someone else’s negligence, the Henry Dailey Law Firm has the experience you need on your side to get you and your family members the justice you deserve.
Call us at 205-995-2412 or fill out the form on our website to schedule a free consultation today.
