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A wrongful death claim is a special kind of personal injury lawsuit made when someone is killed due to another party's negligence or intention to cause harm. In Montgomery, United States, the personal representative of the deceased person's estate is typically the one who may file a wrongful death lawsuit. The damages that may be recovered depends on the specifics of the case and can include compensation for lost wages, loss of companionship, and funeral expenses.
Legal assistance is crucial for wrongful death claims for many reasons. The law surrounding wrongful death is complex, involving many intricate details that can easily be missed by a layperson. A lawyer can help navigate these complexities and help you understand your rights and potential claims. Additionally, handling a lawsuit while dealing with the loss of a loved one can be emotionally challenging. Having a lawyer allows you to focus on your healing while they manage the legal details. Moreover, wrongful death cases often involve dealing with insurance companies or corporate entities. These groups typically have experienced legal teams to defend their interests, making it essential that you have a legal expert on your side.
Montgomery follows the general U.S. wrongful death laws with some local specifics. In Montgomery, a wrongful death case must be filed within two years of the date of death according to Alabama's state statute of limitations. The state operates under a contributory negligence rule, meaning if the deceased is found to be even partially at fault for the incidents leading to their death, no damages may be awarded. Only punitive damages, meant to punish the defendant rather than compensate for losses, can be recovered in a wrongful death claim.
Only a personal representative of the deceased’s estate can file a wrongful death claim. This may be a close relative or an executor named in the deceased's will.
In Montgomery and throughout Alabama, a wrongful death case must be filed within two years from the date of the person’s death.
Alabama operates under a contributory negligence rule. If the deceased is found at all responsible for the events that led to their death, no damages may be awarded to the plaintiff.
Alabama law only allows recovery of punitive damages in wrongful death cases. These are awarded not as compensation for the plaintiff's loss, but to punish the defendant and deter similar conduct in the future.
A lawsuit can still be filed against the person's estate in this case.
The Alabama State Bar Association offers resources and referrals for legal assistance. The local Montgomery county bar additionally may have resources for legal assistance. Government websites can provide information about local courts and laws as well.
If you believe you have a wrongful death claim, it's typically best to consult with an experienced lawyer. They can help you understand the nuances of your case, guide you through the process, and advise you on the best course of action. Remember to bring all relevant documents, like police reports or medical records, to your consultation.
