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When Can a Wrongful Death Action be Filed?

May 20, 2021
When Can a Wrongful Death Action be Filed?

When Can a Wrongful Death Action be Filed?


In the United States, there are approximately 174,000 deaths annually due to unintentional injuries. When you unexpectedly lose someone you love, it’s likely that the last thing on your mind is how soon you need to file a wrongful death action. However, if your loved one passed away because of the negligent or wrongful actions of someone else, you and your family deserve justice.


Fortunately, with the assistance of an Alabama wrongful death attorney, you can seek the justice that your loved one deserves. Our Montgomery wrongful death attorney is well-versed in the laws surrounding wrongful death actions. We can help you file an action and offer you guidance about how long the claim will take and how much time you have to file. Don’t hesitate to reach out to our office at no cost today.


What Constitutes a Wrongful Death In Alabama?

In Alabama, wrongful death is defined as any death caused by a wrongful act, negligence, or omission of another. A wrongful death action can essentially be brought against the person who caused the untimely death of your loved one. For example, wrongful death claims can be initiated due to:


  • Car accidents
  • Pedestrians accidents
  • Truck accidents
  • Falls
  • Boating accidents
  • Bicycle or motorcycle accidents
  • Violence


When Can A Wrongful Death Action Be Filed In Alabama?

In Alabama, you generally have two years from the time of death to file a wrongful death action. However, there are notable possible exceptions to this general timeline:


  • There was a viable personal injury action - In most instances, a wrongful death lawsuit can only be filed if a personal injury claim could have been filed if the individual survived. Usually, this time frame is also within two years of the death of the loved one. If the timeframe for a personal injury claim to be filed had expired, you can no longer file a wrongful death action. 


  • The action is being filed against the city or a county - If you are filing a wrongful death action against a city, you will need to file within six months of the death of your loved one. If you are filing an action against a county, you will have one year to file a wrongful death action.


You should not delay in contacting a lawyer to discuss any applicable time limits and begin the claim process. Evidence can fade over time, so it is important to get an attorney involved as soon as you can.  

Contact A Montgomery Wrongful Death Attorney Before It's Too Late


Time is of the utmost importance in legal proceedings, such as when you need to file a wrongful death action. The loss of someone you loved is difficult, and the process surrounding filing a wrongful lawsuit is often challenging. However, you can let our law firm start this process while you focus on your grief and the well-being of your family. 


Our Alabama wrongful death attorney at the Law Office of Richard F. Matthews, Jr., can help you file a claim and seek full compensation for your losses. Contact us at your earliest convenience so that we can help you during this difficult time. 

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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