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The area of law in question, wrongful death, concerns events where a person's negligence, recklessness, or deliberate harmful activity results in the death of another party. Alabama, which includes Opelika, generally permits the representatives of the deceased person's estate to sue for "damages"—compensation for losses—on behalf of surviving family members.
Legal help is often sought in wrongful death cases to help survivors recover financially from the sudden loss of a loved one whose support they were dependent on. Lawyers can also help navigate through complex legal procedures, negotiate with insurance companies, and most importantly, help in proving fault, which is a critical aspect of wrongful death claims.
In Alabama, a wrongful death claim must be filed within two years of death. Unlike many other states, Alabama allows the recovery of punitive damages only, designed to penalize the wrongdoer and deter similar conduct. It does not allow for recovery of damages that compensates for the victim's pain and suffering or survivor's loss of companionship. Alabama uses a contributory negligence system where if the decedent is found to be even slightly at fault, no damages can be recovered.
Under Opelika law, the personal representative of the deceased person's estate is the only one who can file the wrongful death lawsuit. This includes surviving spouses, adult children or the deceased's appointed personal representative.
In Opelika, only punitive damages, which serve as punishment to the defendant, are recoverable in wrongful death claims, not compensatory damages.
Yes, e you have two years from the date of the person’s death to file a wrongful death lawsuit in Opelika.
Under Alabama's strict contributory negligence rule, if the deceased is found to be even 1% at fault, the ability to recover damages completely diminishes.
Yes, mediation or negotiation can help reach a settlement in wrongful death lawsuits without resorting to court trials. However, it’s crucial to have a legal representative for this process.
The Alabama State Bar Association and the Alabama Department of Insurance can provide further information and resources relating to wrongful death in Opelika. The Office of the Public Defender and various local non-profit organizations offer legal advice and support to those who cannot afford to hire a private attorney.
If you believe you’re eligible to file a wrongful death claim in Opelika, local law firms experienced in such cases should be consulted. Gather as much information as possible about the incident. The more information you are able to provide, the better equipped your legal team will be in pursuing your claim.
