Recovering For A Wrongful Death In Alabama
When you have lost a family member or loved one, the last thing you likely want to do is think about filing a lawsuit – and of course, no amount of money damages could ever bring back the person you have lost. However, it is often the right choice to try and hold someone accountable for what you have been through; it can, in some cases, provide a bit of closure for yourself and your family, to say nothing of showing others what can happen if they are so negligent or reckless as to take the life of another person.
If you and your family are in this situation now, you do not have to go through it alone. The Birmingham wrongful death attorneys from Goldasich, Vick & Fulk are ready to help you through the legal process, and to do all we can to help your family begin healing.
Unique Law
Alabama’s wrongful death statute states that the personal representative of a deceased person can bring an action for damages in the district where the deceased could have mounted an action if they had survived. So, for example, if the deceased person died in a car accident in Jefferson County, the personal representative would have to file their action in Jefferson County, even if the surviving family resides all the way down in Mobile County.
One important factor that bereaved family members should be aware of before filing suit is that unlike in many other states, Alabama’s wrongful death law only permits recovery of punitive damages. Punitive damages are those given solely as punishment for the (allegedly) responsible party – as opposed to economic or non-economic damages, which are losses that the deceased could reasonably claim, such as lost wages or earning potential.
Should I File?
One thing that may confuse the average person when contemplating filing suit is that the statute of limitations for wrongful death in Alabama is very short – personal injury claims have only two years in which they must be filed. This may seem like a long time, but it goes by very quickly – and if one misses their chance to file their suit within that time frame, they may never attempt to file it again.
Overall, the question of whether to file suit for wrongful death is ultimately up to the family of the deceased. It can feel too overwhelming to try and seek damages for wrongful death, but the right attorney can help to simplify the process and shoulder the legal load while your primary focus is on emotional recovery.
Let Us Help You
Losing a loved one suddenly can leave a person all but immobilized, but particularly in cases where the deceased person was a breadwinner, it may be in your family’s best interests to file suit against the person or entity who caused their passing. A Birmingham wrongful death attorney from Goldasich, Vick & Fulk can work with your family and what you need at this trying time. Call our office today to schedule a consultation.
