How Long Do You Have to File a Wrongful Death Claim in Prattville?
How Long Do You Have to File a Wrongful Death Claim in Prattville Alabama?
Losing a loved one is always difficult. It can be even more so if their death was unexpected and the result of another person or party's negligence. Alabama law allows family members of those deceased in this way to seek compensation for their losses. However, they only have a limited time to act. If you lost a family member, contact a Prattville wrongful death attorney as soon as possible.
How Long Do You Have to File a Wrongful Death Claim in Prattville?
Under Alabama law, those who need to file a wrongful death claim only have two years to exercise this legal right. However, in most cases the deadline is two years from the date of their death. So, if an accident or injury occurred and your loved one didn't die on the same day, the clock doesn't start ticking until the day they die. Because this limitation period is so important, you must retain a wrongful death attorney as soon as possible to ensure you do not miss the applicable statute of limitation, or deadline, to file the lawsuit in court for your loved ones untimely death.
It's also essential to note that if the party who caused your loved one's death is a government entity, you typically only have one year from the date of their death to file a wrongful death claim. In addition, you may also have a different amount of time if the deceased person is a minor child.
When you hire an experienced Prattville wrongful death attorney, they will know what deadline applies to your claim and ensure it is filed on time.
Who Can File a Wrongful Death Claim in Alabama?
Only a personal representative of the decedent's estate has the legal right to file a wrongful death claim in Alabama. However, if the deceased victim is a minor who is less than 19 years of age, their parents only have six months to file a wrongful death claim. If a suit is filed after six months, the decedent's personal representative is legally required to file the claim.
In addition, family members have 40 days from the day their loved one dies to petition the probate court to be the personal representative of their estate. If no one makes this request within 40 days, the probate court can appoint someone else of their choosing to be the administrator of their estate.
Suppose the personal representative or administrator receives a wrongful death settlement or award. In that case, the monies are distributed to the heirs or the individuals who would stand to inherit from the victim if they didn't leave a will. Since they are damages from a wrongful death claim, these monies don't pass through the decedent's estate. As such, creditors don't have claims against them.
Questions about Alabama Wrongful Death Claims? Contact a Prattville Wrongful Death Attorney Today
If you recently lost a loved one, please accept our sincerest condolences. We know this is a difficult time for you and your family. The Law Office of Richard F. Matthews, Jr. is here for you and can answer your questions regarding wrongful death claims. We offer free wrongful death case reviews to family members of deceased parties who lost their lives due to someone else's negligence. Call us today at 334-398-8408 or contact us online to schedule your consultation. Remember, you only have a limited time to act on your legal rights.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
Our Location
The Law Office of
Richard F. Matthews, Jr.
621 South Hull Street
Montgomery, AL 36104
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
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