Wrongful Death Cases

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.

Opening an Estate on Behalf of the Decedent

One of the prerequisites to filing a wrongful death claim or a lawsuit is to open an estate on behalf of your deceased loved one. As part of opening the estate, a personal representative (otherwise known as an executor) will have to be selected. The primary purpose of the estate’s personal representative is to administer all aspects of the estate and to see that the decedent’s wishes are carried out. When it comes to wrongful death actions, only the personal representative of the decedent’s estate can file a wrongful death lawsuit.

When can the Personal Representative File 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.

Types of Wrongful Death Damages

In many jurisdictions throughout the United States, wrongful death law entitles the decedent's loved ones to recover damages for both non-monetary and monetary losses that directly resulted from the decedent's death. Those damages could include compensation for mental suffering and emotional anguish, lost income, loss of support, and lost inheritance.

The State of Alabama, on the other hand, uses wrongful death damages to punish the wrongful and grossly negligent conduct of individuals and businesses that cause fatal accidents. Consequently, as part of an Alabama wrongful death lawsuit, punitive damages are the only type of recoverable damages by the decedent’s estate. When deciding on the amount of damages to award at trial, a jury may only consider the following:

The gravity of the negligent party’s conduct
The need to punish the negligent party’s conduct
The wealth of the negligent party

Call an Alabama Wrongful Death Lawyer Today to Schedule a Consultation

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Contacting Us

Phone: 334-398-8408

Fax: 334-263-1130

Our Location

The Law Office of

Richard F. Matthews, Jr.

621 South Hull Street

Montgomery, AL 36104

Certificates & Awards

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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