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Wrongful death law in the United States, including Mobile, Alabama, addresses instances where a person’s death has been caused by the wrongful act, negligence, default, or breach of contract or warranty of another individual. These cases are typically handled by a civil court system and allow for the decedent’s heirs, dependents, or personal representatives to claim monetary damages.
In the event of a loved one's untimely death caused by another party's negligence, misconduct, or criminal activity, you would need a lawyer to navigate the complexities of the law, fight for your rights, and help you pursue fair compensation. A wrongful death attorney would guide you through compiling substantial evidence, quantifying damages, negotiating with insurance companies, or even standing for trial should the need arise.
In Mobile, Alabama, the headline of the wrongful death statute is “Homicide,” and it's found in the Code of Alabama under Section 6-5-410. A unique feature of Alabama’s wrongful death law is that the damages recoverable are entirely punitive – meant to punish and deter wrongful acts. Alabama law allows only the personal representative of the decedent’s estate to file a wrongful death claim. The law also has a statute of limitations which is generally two years from the date of death.
Under Alabama laws, only the personal representative of the deceased's estate can file a wrongful death claim.
The statute of limitations in Alabama for filing a wrongful death claim is generally two years from the date of the person’s death.
In Alabama, the damages recoverable in a wrongful death suit are purely punitive in nature, designed to penalize the wrongdoer and deter similar behavior.
Yes, a wrongful death lawsuit can proceed independently of a criminal case. The objectives and outcomes of these proceedings are completely different.
Even if the deceased never held a job, you can still claim for losses such as loss of consortium, loss of protection, guidance, and companionship.
You may wish to explore resources such as the Alabama Civil Court system, Alabama State Bar Association, and other non-profit organizations devoted to bereavement support and advocacy for victims' rights. These can provide additional guidance and information related to wrongful death cases.
If you believe you have a wrongful death case, it is recommended to consult with a competent attorney in Mobile, Alabama. This attorney can review your case, help determine its viability, guide you through the complex legal landscape, and advocate for your rights and interests. Remember to act promptly to avoid exceeding the statute of limitations for filing such claims.
