A Wrongful Death Attorney in Montgomery Helping Surviving Family Members Obtain Justice

Unlawful and negligent acts unfortunately bring about severe injuries and sometimes unnecessary deaths. When an individual passes away because of another person’s wrongful act or omission, the personal representative of the decedent’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, it may be able to recover damages. 

If your loved one passed away in an accident that was caused by someone else’s negligence, you, as the personal representative of your loved one’s estate, may be able to make a wrongful death claim. When it comes to wrongful death claims, there are various procedural and time requirements to which you must adhere. Failing to do so could result in the claim ultimately being dismissed.

An Alabama wrongful death attorney at The Law Office of Attorney Richard F. Matthews, Jr. could explain to you all of your options under the law and could 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 Montgomery, Troy, Wetumpka Prattville, Selma, and Tuskegee. Give us a call today at 334-398-8408 or contact us online to discover more about how we could assist you in a wrongful death action. 

Alabama’s wrongful death laws are unique and differ somewhat from the laws in other jurisdictions throughout the country. In the State of Alabama, a personal representative of a decedent’s estate may only file a wrongful death lawsuit if the decedent would have been eligible to recover damages for the omission, wrongful act, or negligent act, had he or she survived the accident. 

Once the personal representative files a wrongful death lawsuit and recovers damages, those damages do not automatically become a part of the deceased loved one's estate. Consequently, those damages are not subject to distribution in accordance with the loved one's trust or will that is in place. Rather, any damages obtained by the estate in the wrongful death lawsuit are distributed according to the State of Alabama’s intestacy laws (as if the decedent died without having a will in place). As a result, relatives of the decedent who were not mentioned in the will could still recover some of the proceeds of a wrongful death lawsuit, in accordance with the state laws regarding intestate succession.

At The Law Office of Attorney Richard F. Matthews, Jr., LLC, 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 your 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.