Wrongful Death Accidents
Wrongful Death
Call Bill, Your Wrongful Death Lawyer
“Wrongful Death” is an odd term since any death could be considered wrong. But it is the legal expression that covers anyone killed in an accident. What you need to know is that Alabama treats these deaths differently than if the victim lived. The cases can be so complex that some state lawyers will not even pursue these claims. So, choose your lawyer wisely. At the least, call Bill Eiland, an experienced wrongful death attorney, and learn about your rights.
Alabama’s Odd Treatment of Wrongful Death
While other states focus on helping the surviving family members, Alabama concentrates only on punishing the wrongdoer. After the death of your loved one, you can only collect money intended to punish the person who caused the injury in the hopes they do not do it again.
Sound odd? You bet.
In other states, the family of a person killed in, say, an auto accident can sue for the money that person would have contributed to the family income, for example, the cost of raising the children, or the funds needed to pay the rent. That is not the case in our state.
No matter what you have heard from relatives in other states, Alabama law doesn’t allow compensatory (compensation) damages in a wrongful death lawsuit. That includes compensation for medical bills, funeral expenses, lost income, emotional distress, and loss of companionship.
This may surprise you, but Alabama attorneys have fought with insurance companies to try and prove an accident on the state line was in Mississippi, Georgia, or Florida. It can mean the difference between a few thousand dollars and a few million dollars for the surviving family members.
But there are ways to get you the money you need. It is just very tricky.
Only One Person Can Bring a Wrongful Death Lawsuit
Another strange fact is that only the personal representative (a person usually named in a will) can file a lawsuit in Alabama. Unless that person is a family member, no relative can pursue the case.
A lawsuit can be pursued even if there is no criminal case against the wrongdoer. In fact, you can pursue a wrongful death case if the wrongdoer is found not guilty.
Who gets the money?
This may surprise you, but the money won in a wrongful death lawsuit does not go to the people mentioned in the deceased’s will. It goes through a line of succession called the intestacy laws. This is just like what would happen if someone died in Alabama without a will. So yes, a detested relative could possibly collect.
Time Limits
There are time limits. So, I suggest that if a family member dies during an accident, you talk to an Alabama personal injury lawyer with experience working with wrongful death cases, such as myself, as quickly as possible. Generally, you have 2 years. However, if the claim is against a governmental agency, the time limit is much shorter.
Call Bill Now
Though Alabama wrongful death cases can be tough, they can be won. There is often a path to justice that will help you pay the bills and raise your family.
If a relative died because of someone else’s negligence, get the help you need. Call wrongful death attorney Bill Eiland now. You can always speak with us for free.