Losing a loved one due to someone else's negligence can be a devastating experience. In such situations, seeking justice through a wrongful death lawsuit may be possible. Suppose you are considering filing a wrongful death lawsuit in Alabama. In that case, it is essential to understand the relevant laws and regulations. This blog post will provide an overview of Alabama's wrongful death litigation and explain how a personal injury attorney, such as Elliott Owen Lipinsky, can help you through the legal process.
Alabama's Wrongful Death Act is in the Code of Alabama 1975, section 6-5-410 et seq. Under this act, the personal representative of the deceased person's estate may file a wrongful death lawsuit on behalf of the surviving family members who have suffered damages due to the death.
Section 6-5-410 outlines who may recover damages in a wrongful death lawsuit. This includes the deceased person's spouse, children, parents, and any other person who was financially dependent on the deceased person. Suppose the deceased person did not have any of these individuals. In that case, the damages may be recovered by the estate's personal representative.
Section 6-5-410 also sets forth the types of damages that may be recovered in a wrongful death lawsuit. These may include compensation for medical and funeral expenses, loss of income and earning capacity, and loss of companionship and consortium.
A critical aspect of a wrongful death lawsuit is the statute of limitations, which is the time limit for filing a lawsuit. In Alabama, the statute of limitations for a wrongful death lawsuit is two years from the date of death. Therefore, acting quickly and hiring an attorney as soon as possible is crucial to ensure your claim is filed promptly.
Another vital section of the Alabama Code related to wrongful death is section 6-5-482, which calculates damages in a wrongful death lawsuit. This section allows the jury to consider the deceased person's age, health, and earning capacity, as well as their character and life expectancy, when determining the amount of damages to be awarded.
Navigating the legal process of a wrongful death lawsuit can be overwhelming, especially when dealing with the grief of losing a loved one. It is important to hire an experienced attorney who can guide you through the process and ensure that your rights are protected. In addition, an attorney can assist in gathering evidence, negotiating with insurance companies, and advocating for your best interests in court.
When looking for a personal injury attorney to assist with your wrongful death lawsuit in Selma, Alabama, or Montgomery, Alabama, Elliott Owen Lipinsky is an experienced and knowledgeable option. With his extensive legal experience and understanding of the Alabama Code, he can provide the guidance and representation you need to seek justice for your loved one.
In conclusion, the Code of Alabama 1975, section 6-5-410 et seq., provides for wrongful death litigation and outlines who may recover damages, the types of damages that may be recovered, and the statute of limitations for filing a lawsuit. Section 6-5-482 allows the jury to consider several factors when determining damages. Suppose you have lost a loved one due to someone else's negligence. In that case, it is important to consult with an experienced attorney, such as Elliott Owen Lipinsky, who can provide you with guidance and representation throughout the legal process.