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A wrongful death occurs when a person is killed due to the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of, may be entitled to monetary damages. In Anniston, as in the rest of the United States, wrongful death claims are generally filed by the representative of the estate of the deceased victim, benefitting those related to the victim or those dependent on the victim directly.
Wrongful death cases can become complex due to the nature of identification and proof of liability. Families often find themselves dealing not only with grief but also with complicated legal and financial matters. A lawyer specializing in wrongful death will be necessary when it's challenging to prove the death was due to another's negligence or if the responsible party disputes their role in the incident.
In Anniston, just like anywhere in Alabama, the significant aspects of the wrongful death law are centred around demonstrating negligence and establishing a direct link between the negligent act and the victim's death. The statutes also specify who can file a claim on behalf of the deceased victim. The time limit, known as the statute of limitations, is two years from the date of the death.
The statute of limitations is two years from the date of death to file a wrongful death claim.
The personal representative of the victim's estate typically files the wrongful death lawsuit.
Possible damages may include lost wages from the deceased, lost companionship, and funeral expenses.
There is no cap on compensations in a wrongful death case in Alabama.
Yes, a claim can still be filed. Compensation can also be sought for non-economic losses, such as companionship and guidance.
The Alabama State Bar Association and the Calhoun County Courthouse may provide further resources and details on wrongful death law. Additionally, local law libraries and online resources can be a reservoir of information.
If you find yourself needing legal assistance in a wrongful death case, begin by finding a lawyer who specializes in wrongful death. Ensure they are equipped to deal with the intricacies of the local law in Anniston. Your selected legal representative will guide you through the process of establishing a claim, collecting evidence, filing legal paperwork, and possibly mediating with the party at fault or their insurance company.
