Wrongful Death Claims: The Basics

Unfortunately, car accidents and truck accidents resulting in death are on the rise, largely due to distracted driving and cell phone use. In Alabama, wrongful death claims are designed to provide justice and accountability when a person’s death is caused by the wrongful act, omission, or negligence of another. These claims are governed by specific laws that differ significantly from other states, making it essential to understand the legal framework and processes involved.

Who Is Entitled to Bring a Wrongful Death Claim in Alabama?

In Alabama, only the personal representative of the deceased person’s estate has the legal right to file a wrongful death claim. This differs from many other states, where family members, such as spouses, children, or parents, can directly initiate the claim. The personal representative acts on behalf of the deceased’s estate and seeks justice for the wrongful act that led to the death.

The personal representative is sometimes named in the deceased’s Last Will and Testament. If the deceased did not leave a Last Will and Testament, the court will appoint an individual to serve as the personal representative. In most cases, the court will prioritize appointing a close family member, such as a surviving spouse, adult child, or parent.

The Process of Appointing a Personal Representative

To begin the process, a petition must be filed in probate court to open the deceased’s estate and request the appointment of a personal representative. The probate court requires certain documentation, including:

• The Death Certificate: Official documentation of the deceased’s death.

• A Last Will and Testament (if applicable): If the deceased had a valid Last Will and Testament, it will guide the court in appointing the named executor as the personal representative.

• Petition Forms: These legal documents formally request the court to open the estate and appoint a representative.

• Consent of Heirs: Hopefully, the heirs will consent to the appointment of the personal representative. If there is a dispute, the probate court may set a hearing where it will then determine who should serve as the personal representative.

Once the court reviews the petition, it will decide who should be appointed as the personal representative and issue an order granting the personal representative the authority to act on behalf of the estate and to bring a wrongful death lawsuit.

Distribution of Wrongful Death Proceeds

One unique aspect of Alabama wrongful death law is that the proceeds from such claims are not considered part of the deceased’s estate. Instead, the compensation is distributed directly to the deceased’s heirs according to Alabama’s intestacy laws under Alabama Code § 43-8-41 and § 43-8-42, regardless of any provisions in the deceased’s Last Will and Testament. Alabama’s intestacy laws prioritize distribution to the deceased’s immediate family. For instance:

• If the deceased was married but had no children, the surviving spouse receives all proceeds.

• If the deceased had children but no spouse, the proceeds are divided equally among the children.

• If both a spouse and children survive the deceased, the proceeds are divided between them according to specific statutory rules.

This direct distribution ensures that the proceeds go to the deceased’s loved ones rather than being used to settle debts or obligations of the estate.

Wrongful Death Proceeds and Estate Debts

Another critical distinction in Alabama wrongful death law is that proceeds from these claims are not subject to the deceased’s debts. This provision ensures that the compensation is preserved for the beneficiaries and is not used to satisfy any outstanding financial obligations of the deceased. This rule underscores the state’s focus on punishing the wrongdoer rather than compensating the estate.

Importance of Hiring a Wrongful Death Lawyer

Navigating the complexities of a wrongful death claim in Alabama requires expertise in both probate and personal injury law. An experienced wrongful death lawyer can provide invaluable assistance in several key areas:

• Probate Proceedings: Opening the estate, obtaining Letters Testamentary or Letters of Administration, and ensuring that the proper personal representative is appointed are critical first steps. A wrongful death lawyer familiar with probate procedures can guide families through this process efficiently.

• Building a Strong Case: A wrongful death claim requires thorough investigation, evidence gathering, and adherence to Alabama’s legal standards. An experienced attorney can collect vital evidence, consult with experts, and develop a compelling case to hold the responsible party accountable.

• Understanding Alabama’s Unique Laws: Alabama’s wrongful death laws differ from those of other states. For example, the state does not allow compensatory damages for losses such as medical expenses or lost income. Instead, damages are strictly punitive, aimed at deterring similar conduct in the future. A skilled lawyer can help maximize the punitive damages awarded in the case.

• Litigation and Negotiation: Whether negotiating a settlement or presenting the case at trial, a wrongful death lawyer can advocate effectively on behalf of the estate and the deceased’s beneficiaries.

Conclusion

Wrongful death claims in Alabama are uniquely structured to focus on holding wrongdoers accountable and deterring future negligence. However, the legal process can be complex, involving both probate court proceedings and the intricacies of wrongful death litigation. By working with the experienced wrongful death lawyers at Ryan & Rouse, families can navigate these challenges and ensure that justice is served for their loved one. Contact us today if your loved one was killed in a car accident, motorcycle accident, or 18-wheeler accident.