What Can I Do After A Wrongful Death?
What Can I Do After A Wrongful Death?
Any fatality caused by the wrongful acts of another person. When an individual passes away because of another person's wrongful act or negligence, the personal representative of the person's estate may be able to file a wrongful death claim or lawsuit on behalf of the estate. If the estate prevails in the wrongful death case, the estate may be able to recover damages.
There are several procedural and time requirements to which you must adhere for wrongful death claims. Failing to adhere to these requirements could result in the claim being barred by these time limitations, called Statutes of Limitations, and potentially any lawsuit dismissed.
Richard F. “Matt” Matthews, Jr, an Alabama wrongful death attorney at The Office of Attorney Richard F. Matthews, Jr., could explain all the options under the law and assist you with filing a wrongful death claim or lawsuit. We represent individuals throughout the state of Alabama, including Montgomery County, Pike County, Elmore County, Autauga County and the River Region of Alabama, including the cities of Montgomery, Troy, Wetumpka, Prattville, Millbrook, Selma and Tuskegee. Call us today at 334-398-8404 or contact us online to discover more about how we could assist you in a wrongful death action.
What to do first:
One of the prerequisites to filing a wrongful death claim or lawsuit is to open an estate on behalf of your deceased loved one. When opening the estate, an executor will need to be selected. In simple terms, an executor executes the wishes of the deceased. When it comes to wrongful death actions, only the executor of the decedent's estate may file a wrongful death lawsuit.
When can a wrongful death action be filed?
Alabama's wrongful death laws are unique and different than the laws in other jurisdictions across the United States. In the state of Alabama, the executor of a decedent's estate may only file a wrongful death lawsuit if the deceased person would have been able to recover damages for the omission, wrongful act or negligent act, had the deceased person survived the accident.
Once the executor files a wrongful death lawsuit and recovers damages, those damages do not automatically become part of the deceased person's estate. Because of this, those damages are not subject to distribution in accordance to the loved one's trust or will that is in place. Rather these damages are distributed according to the State of Alabama's intestacy laws which act as if the deceased dies without having a will in place. This means that relatives that are not a part of the will may recover some of the proceeds of the wrongful death lawsuit, in accordance with the state laws regarding interstate succession.
Hire an attorney to represent you:
At The Law Office of Attorney Richard F. Matthews, Jr., we can assist you with every aspect of a wrongful death case, including filing a claim or lawsuit for wrongful death and pursuing monetary compensation on behalf of the deceased loved one's estate. To schedule a free case evaluation and legal consultation with an Alabama wrongful death attorney, please call us today at 334-398-8408 or contact us online for more information.
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.
