Your Rights After a Spouse Dies in a Montgomery Accident

Losing your spouse is always devastating, but the situation can be even more tragic if your spouse dies in a preventable accident. If someone else’s conduct caused the death, your family might be entitled to receive compensation for your losses under Alabama wrongful death laws. 

If you have lost a loved one as a result of someone else’s wrongful conduct, you should call The Law Office of Richard F. Matthews, Jr. today. We will review the facts of your case at no cost to you and let you know whether we believe you have a claim.

Common Causes of Wrongful Death

There are a wide variety of accidents that can be fatal. Some of the most common include:

• Motor vehicle accidents
• Pedestrian accidents
• Slip and fall accidents
• Medical malpractice
• Industrial accidents
• Inadequate security

It’s important to keep in mind that wrongful death claims can also arise as a result of intentional acts. For example, if you lost your loved one as a result of a violent assault, you may be able to make a wrongful death claim against their assailant. The best way to determine whether you have a claim under Alabama law is to discuss your claim with an attorney.

Seeking Compensation through a Wrongful Death Claim

Every state has laws allowing survivors to file wrongful death claims, though Alabama’s wrongful death laws are different from most states. In most states, a spouse has the right to file their own claim for wrongful death and seek compensation for their financial and emotional losses. This is not exactly the case in Alabama. 

Personal Representative

First, Alabama does not allow close family members to file wrongful death claims themselves - even a surviving spouse. Instead, the personal representative of the deceased’s estate must file the claim. In some cases, this is the surviving spouse, but not always. 

If your spouse died with a will, perhaps they designated you as the personal representative. In that case, you can file the wrongful death claim on behalf of the estate. If another person was designated as the personal representative, they will need to file the claim. 

If there is no will, the probate court will decide who should serve as the personal representative, which may or may not be the surviving spouse. 

Damages

If an estate pursues a successful wrongful death claim, the proceeds are distributed to beneficiaries, which usually include the surviving spouse. However, Alabama allows for different damages than other state wrongful death laws. 

You cannot seek damages for the specific financial losses you experienced due to the death. Instead, you can only seek punitive damages in a wrongful death case. These are meant to punish the defendant instead of reimburse you for specific losses. There is no cap on the available damages, however. 

Speak With A Montgomery Wrongful Death Lawyer Today To Discuss Your Rights

The wrongful death process is challenging to navigate while trying to deal with the grief associated with losing your loved one. That's why it is best to consider speaking with a Montgomery wrongful death attorney at the Law Office of Richard F. Matthew, Jr. We can help you file a claim and ensure your rights are not ignored. So get in contact with us today, and we'll help you determine your next steps.