{"id":8580,"date":"2024-02-21T10:38:39","date_gmt":"2024-02-21T10:38:39","guid":{"rendered":"https:\/\/petrolawfirm.com\/?p=8580"},"modified":"2024-02-27T10:43:53","modified_gmt":"2024-02-27T10:43:53","slug":"alabama-wrongful-death-statute","status":"publish","type":"post","link":"https:\/\/petrolawfirm.com\/alabama-wrongful-death-statute\/","title":{"rendered":"What are the Wrongful Death Statutes in Alabama?"},"content":{"rendered":"
Losing someone you care about because of someone else’s negligence is hard. There are laws called Wrongful Death Statutes in Alabama that can help you get justice and financial compensation to help with what happened. This guide is here to help you understand how these laws work so you can decide what to do next.<\/span><\/p>\n Wrongful death statutes are laws made to handle situations where someone passes away because someone else was careless or didn’t act responsibly. These laws help families seek fairness and compensation. They explain what steps to take legally and ways to make sure the people who caused the harm are held responsible. This gives families a way to find peace and get financial help when they’re going through tough times like this.<\/span><\/p>\n Dealing with legal matters<\/span><\/a> can be difficult, especially when you’re already going through a tough time. If you’ve lost someone you care about because of someone else’s negligence in Alabama, it’s important to know about the state’s wrongful death statutes.\u00a0<\/span><\/p>\n Wrongful death occurs when someone dies because another person or group acted negligently or intentionally. It can result from a lack of care, reckless behavior, or deliberate actions leading to the death. This means if people had been more careful, the death could’ve been prevented. Let’s look at some examples:<\/span><\/p>\n These are just a few examples of situations where wrongful death could happen. In each case, the person responsible might have to pay for the death and compensate the family of the victim for their loss.<\/span><\/p>\n In Alabama, wrongful death is governed by specific statutes outlined in the Alabama Code, Title 6, Chapter 5, Sections 6-5-410 to 6-5-416. These statutes define who can file a wrongful death claim, the types of damages that can be sought, and the procedures for filing such claims.<\/span><\/p>\n Only specific people can start a wrongful death claim according to the Alabama Code (\u00a7 6-5-410). Usually, it’s the person in charge of handling the deceased person’s affairs, known as the <\/span>personal representative<\/span><\/a>. This person represents the deceased person’s family or people who would inherit from them. If the deceased person wrote a will before they passed away, they might have already chosen this representative. But if there’s no will, the court might pick someone to be the representative.<\/span><\/p>\n If the person who passed away was under 19 years old (which is considered a minor in Alabama), the mom or dad has <\/span>six months<\/b> from the date of the child’s death to start a wrongful death case. If they don’t start the case within those six months, then the personal representative must file the claim instead.<\/span><\/p>\n There’s a specific law called the statute of limitations that sets the time limit for when you can file a wrongful death claim. You can find this law in <\/span>Section 6-2-38<\/span><\/a> of the Alabama Code. It says that generally, you have a <\/span>two-year<\/b> window from the date the person died to start the process of filing a wrongful death claim. It’s crucial to stick to this deadline because if you wait too long and miss it, you might not be able to file the claim anymore.\u00a0<\/span><\/p>\n When someone passes away because of someone else’s actions, Section 6-5-410 of the Alabama Code lets you seek different <\/span>types of compensation<\/span><\/a> in a wrongful death claim. These compensations can cover things such as<\/span><\/p>\n The law aims to help ease the financial burden and emotional loss for the family left behind after a wrongful death.<\/span><\/p>\n Alabama Code Section 6-5-410 states that when a wrongful death claim is successful, the court decides whom to award the damages. It has the important job of figuring out <\/span>how to divide that money<\/span><\/a> among the people who were close to the person who passed away. The court considers different factors when making this decision including\u00a0<\/span><\/p>\n Immediate family members like spouses and children might get more because they depend on the deceased for financial and emotional support. The court’s main goal in all of this is to make sure that the money is shared fairly among everyone who was affected by the wrongful death so that each person can get the help they need to cope with their loss.<\/span><\/p>\n In some situations where someone acts recklessly or does something very wrong on purpose, wrongful death statutes in Alabama say the court can give extra damages called exemplary damages, or <\/span>punitive damages<\/span><\/a>. These damages aren’t meant to help the person who’s hurt. They’re meant to punish the person who did wrong and stop them or others from doing the same thing again.\u00a0<\/span><\/p>\n It’s important to know that these extra damages aren’t given out all the time. There are strict rules in the Code of Alabama Section 6-11-20 about when they can be awarded.\u00a0<\/span><\/p>\n Losing someone dear to you is already tough, but knowing their death could’ve been avoided makes it even harder. Alabama’s wrongful death laws provide a way to hold responsible those who caused the death and possibly get financial help to lessen the load. Even though no money can truly make up for your loss, knowing what you can do and what rights you have might give you some comfort and hope during this tough time.<\/span><\/p>\n Petro Accident and Injury Attorneys are more than ready to help you figure things out and support you along the way. We can look at your situation, talk about what you can do legally, and help you go through the steps with care and understanding. We also provide legal guidance on areas such as <\/span>train accidents<\/span><\/a>, <\/span>motorcycle crashes<\/span><\/a>, or <\/span>worker\u2019s compensation<\/span><\/a>.\u00a0<\/span><\/p>\n Don’t be afraid to ask for legal help and check out the resources around you. It’s important to know what you can do and make smart choices.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" Lost a loved one in an accident? Know your rights under Alabama\u2019s Wrongful Death Statutes Losing someone you care about because of someone else’s negligence is hard. There are laws called Wrongful Death Statutes in Alabama that can help you get justice and financial compensation to help with what happened. This guide is here to […]<\/p>\n","protected":false},"author":1,"featured_media":8581,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"_links":{"self":[{"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/posts\/8580"}],"collection":[{"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/comments?post=8580"}],"version-history":[{"count":1,"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/posts\/8580\/revisions"}],"predecessor-version":[{"id":8582,"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/posts\/8580\/revisions\/8582"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/media\/8581"}],"wp:attachment":[{"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/media?parent=8580"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/categories?post=8580"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/petrolawfirm.com\/wp-json\/wp\/v2\/tags?post=8580"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Quick Summary:\u00a0<\/b><\/h3>\n
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What is Wrongful Death?<\/b><\/h2>\n
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What are the Wrongful Death Statutes in Alabama?<\/b><\/h2>\n
Who Can File a Wrongful Death Case?<\/b><\/h3>\n
Is There a Time Limit in Filing?<\/b><\/h3>\n
What Types of Damages are Recoverable?<\/b><\/h3>\n
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How are Damages Divided Among Family Members?<\/b><\/h3>\n
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What are Exemplary Damages?<\/b><\/h3>\n
Don’t Be Left in the Dark: Get Informed About Alabama’s Wrongful Death Statutes Now!<\/b><\/h2>\n