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Was Your Family Member Involved in a Fatal Car Crash in Alabama Today?

Losing someone you love in a traffic collision is a shattering experience. When the unthinkable happens due to another person’s negligence, it can be even more difficult to accept. In addition to facing grief and loss, bereaved families usually face severe financial burdens that can leave them struggling to pay bills and move forward. When your loved one has lost their life in an accident, picking up the pieces afterward is challenging, to say the least. Due to the many financial challenges most people in this situation must face, seeking legal representation is a wise choice. A wrongful death lawyer can help make sure your family gets compensated.
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Resources are available to help you regardless of your current needs and situation. Local Accident Reports is here to not only report the breaking accident news in your local area but also connect those in need with the resources that can help you. Whether you need help obtaining the police report, counseling, and therapy, financial help, or a wrongful death lawyer, look no further than right here. If your family feels that another person’s recklessness, carelessness, or ill intent caused your loved one’s death, you likely want to hold that person liable for the pain and suffering they have caused. You can best accomplish this by bringing a wrongful death claim against them. A wrongful death lawyer in Alabama can help you get the justice you need and deserve during this difficult time. Later in this article, we will go over all the details of wrongful death claims and how to get started.
How Does Alabama Define Wrongful Death?

According to the Alabama Code, Title 6, Chapter 5, Section 6-5-410, the law in Alabama defines a wrongful death as a fatality caused by the wrongful act, omission, or negligence of another person. Wrongful deaths are often caused by accidents, such as car crashes, as well as intentional acts like violent crimes.

When you have lost someone you love in a fatal accident, it can be challenging to know what to do next. You might be wondering where to turn for help. In Alabama, certain family members of the person who passed away can file a wrongful death lawsuit against the person at fault. There are strict conditions for filing claims like these, and, only specific individuals are eligible to file wrongful death lawsuits according to the law in Alabama.

If the death of your loved one happened due to another person’s negligent action or inaction, a wrongful death claim is worth pursuing. Generally speaking, this claim is comparable to a personal injury claim, except in the case of wrongful death, it is the estate of the deceased person who is filing the lawsuit.

If the deceased person was an adult: In some other states, the deceased individual’s family members can file a wrongful death suit. However, in Alabama, the personal representative of the deceased person’s estate, also referred to as an “executor” is the only person eligible to file a wrongful death claim. An Alabama probate court will appoint a personal representative or executor if no executor has been appointed. The executor is usually named in the will if the person had one.

The executor serves as a fiduciary to the estate. In actions taken on behalf of the estate, the executor must act on behalf of the best interest of the heirs of the estate as well as any potential creditors of the estate. The executor is usually a beneficiary of the estate and the deceased person’s family member, close friend, or relative. Preference is given by the probate courts in this order under Ala. Code 43-2-42:

  1. The spouse of the deceased person
  2. Next of kin (Usually heirs such as children)
  3. The estate’s largest creditor
  4. Any other individual appointed by the probate court
  5. If none of these are available, a third-party executor may be selected, such as a bank or professional who regularly administers estates.

If the deceased person was a minor: If the decedent was younger than 19, their mother or father has six months from the date of the child’s passing to bring a wrongful death claim. Following this six-month period, the personal representative of the minor is the only person who can file the claim.

Alabama is the only state in the country that allows punitive damages to be recovered in a wrongful death claim. Additionally, there is no cap on punitive damages in Alabama, meaning that the at-fault party can be held liable for a significant amount of damages. However, compensatory damages are not allowed to be recovered in Alabama. This is seen by many as unfair to the deceased person’s family members as the entire economic impact of a sudden death is rarely covered.

Unfortunately, assuming you are the plaintiff in a wrongful death lawsuit, you cannot recover compensation for pain and suffering, funeral and burial costs, medical care costs, or other damages that resulted from the untimely passing of your loved one. However, an Alabama wrongful death lawsuit often leads to the heirs of the estate being paid punitive damages which can serve to cover these expenses.

Punitive damages are intended to keep wrongdoers from behaving similarly in the future, as well as to punish the at-fault party, regardless of whether that individual or entity was charged with a crime. At the end of the day, it really doesn’t matter what the reason for the compensation is, as long as your family is able to secure enough to cover the costs involved in losing your loved one unexpectedly.

There is no wrongful death lawsuit in the world that could ever make up for the passing of a beloved family member. However, if the negligent person or entity can be held responsible, they should be, and with that comes some measure of financial relief for those left behind.

Usually, the Alabama wrongful death statute of limitations allows just two years from the day of the deceased person’s passing to file a wrongful death claim.

If you fail to file a claim within two years, you may lose your legal right to pursue action. You may have less time in some cases. For example, legal action must be taken within six months in the case that a city entity or government is found to be at fault. If a county government is found to be at fault, a suit must be filed within one year. Sometimes, in certain circumstances, the clock may stop for some time, but these circumstances are rare and should be examined by an attorney.

Working alongside a skilled Alabama wrongful death attorney is the best way for you to determine the deadline by which you must take legal action in your unique case. We have attorneys available to represent you no matter where you are in the United States, so don’t hesitate to reach out to us today.

Usually, the Alabama wrongful death statute of limitations allows just two years from the day of the deceased person’s passing to file a wrongful death claim.

If you fail to file a claim within two years, you may lose your legal right to pursue action. You may have less time in some cases. For example, legal action must be taken within six months in the case that a city entity or government is found to be at fault. If a county government is found to be at fault, a suit must be filed within one year. Sometimes, in certain circumstances, the clock may stop for some time, but these circumstances are rare and should be examined by an attorney.

Working alongside a skilled Alabama wrongful death attorney is the best way for you to determine the deadline by which you must take legal action in your unique case. We have attorneys available to represent you no matter where you are in the United States, so don’t hesitate to reach out to us today.

Without the help of a skilled lawyer, proving wrongful death can be very difficult. To prove wrongful death in Alabama, you must be able to demonstrate the following elements:

  • Evidence of duty of care: A duty of care was owed to your loved one by the at-fault party when the death occurred. For instance, drivers must operate their vehicles safely and responsibly to protect one another on the road.
  • Breach of duty of care: The duty of care was breached by the at-fault party in some way, for example, by acting negligently while behind the wheel and causing a fatal accident.
  • Causation from the breach to the death: A relevant cause between the breach and your loved one’s death exists.

It has been determined by Alabama case law that a successful wrongful death claim can be brought by showing that the wrongful act triggered the fatality.

Car accidents are one of the most tragic types of wrongful death. Driver negligence comes in several different forms, none of which are acceptable. Motorists in Alabama are faced with daily hazards from those who are:

  • Drunk behind the wheel
  • Distracted while driving
  • Angry while operating their vehicles
  • Sleepy on the road

According to the National Highway Safety Traffic Administration (NHTSA), approximately 32 people lose their lives per day due to the actions of drunk drivers. This is equal to one death every 45 minutes. About nine people lose their lives per day due to the actions of distracted drivers.

Bicyclists, motorcyclists, pedestrians, and motorists are all at risk of losing their lives in a fatal crash. A deadly collision involving negligence is typically preventable.

A wrongful death lawyer will thoroughly review all relevant evidence and, if needed, investigate your crash. Significant pieces of evidence that typically help prove wrongful death claims include:

  • Police reports
  • Pictures of the crash scene
  • Eye-witness statements
  • Final medical reports
  • Death certificates

Your life can become a blur after losing someone close to you. Enlisting the help of a trusted wrongful death attorney as soon as you can allows them to get to work on proving your claim as quickly as possible before evidence begins to fade away, potentially risking the loss of a successful claim.

Though a lawyer can help you hold the negligent party responsible, you may also need emotional support after losing your family member. The following local and national resources may be of help to you during the days, weeks, and months following your loved one’s passing.

  • Community Grief Support: This organization in Birmingham, AL offers grieving families access to support groups, counseling for grieving couples and families, community education programs, in-person/virtual events, and more.
  • The Amelia Center: This association offers support to children and families grieving the death of loved ones. Among numerous amenities, including education and support groups, they offer access to a team of counselors who focus on providing bereaved family members with hope for the future.
  • Psychology Today: Catalog of Grief Group Therapy & Support: Psychology Today offers a list of different grief support groups in Alabama that may be able to help you and your loved ones through this trying time.
  • GriefHaven: GriefHaven is a place where bereaved families can connect with individuals going through similar situations. They conduct events, provide access to articles written about other people who are grieving, give you the option to write your piece on their site, and more.
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Coping with Grief

Growing Around Grief is a concept developed by grief counselor Lois Tonkin in the late 90s. Through this view, grief is first described as a dark and all-encompassing experience that touches every corner of your life. In the beginning, grief is everywhere. Over time, however, your life can begin to grow around the grief. Even though the grief may never shrink, or consume less space in your life, your life may start to get bigger around it – providing you with more space to move around outside of these difficult feelings. Growing Around Grief is an alternative concept to the Five Stages of Grief, which was established almost four decades earlier. Not everyone experiences grief the same way, as it is a highly personal and individualized process. Different people may experience different emotions that do not all fit into these five stages, which is why Growing Around Grief may be a more helpful model for some.

Need help with requesting an official copy of the incident police report?

After losing someone in a car accident in Alabama, surviving family members need to get a copy of their police report as soon as possible, especially those who are planning to file a claim against negligent parties. Injured victims can visit an Alabama State Police Post and show them some form of photo identification when requesting a copy of the report or our local personal injury attorney can provide one to you free of charge. If someone you love was hurt in an Alabama car accident and you need a copy of the police report, we can help you get one. We are here to assist those in need.
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Financial Hardship Assistance

It is a wise choice to seek legal help when navigating the landscape of collision fees. A good lawyer will be able to advise you on what should be paid and what should be brought up in court if necessary.

  • Victim Compensation Program: If you believe that your loved one lost their life due to a crime, the victim compensation program in Alabama can help you cover a variety of expenses, including medical costs, funeral expenses, and more.
  • GoFundMe: Crowdfunding can be extremely helpful when you have nowhere to turn for financial assistance after losing someone you love due to something like negligence. Especially because wrongful death claims can take months or longer to complete, you may want to consider starting a GoFundMe to gather funds to help cover pressing costs.
  • Social Security: Survivors’ Benefits are paid to specific surviving family members of eligible workers in the United States. If your loved one paid into social security when they were working, you may be eligible for survivors’ benefits.
  • Insurance coverage: Your family member may have had an insurance policy that can help you financially after they pass away. These may include liability insurance, life insurance, or other forms of coverage.
  • Community Support: Religious organizations, local communities, or community groups may support families who are experiencing financial burdens. This support may include donations, fundraising efforts, or help with daily needs.

Accidents Due to Drunk Driving Drunk Driver

If your loved one was hurt in a collision as a result of an intoxicated driver, there will be harsh consequences from the Alabama courts. According to the Alabama DMV, a blood alcohol concentration of .08% or more is driving under the influence, .04% if you are in a commercial vehicle, or .02% or more if you are under the age of 21. If there is any insinuation of drug use or alcohol consumption, police will administer a blood test or breathalyzer to confirm the suspicion.  Below is a list of resources that can help you find support or legal provisions if a drunk or influenced driver is the reason for your accident:

  • MADD– This acronym stands for “Mothers Against Drunk Driving”, and is an organization of passionate individuals who aid those who are victims of drunk driving. They have established the organization to bring attention to cases of drunk driving and also to prevent underage drinking in teens and young adults. They have a 24-hour helpline for those in crisis or who have experienced a drug or alcohol-related collision, it is 877-MADD-HELP.

Alabama Grief & Trauma Resources

Resources by State

Let Local Accident Reports Help You Today

If you have lost someone you love in a fatal crash in Alabama today or recently, working with one of our wrongful death lawyers in your local area is your best bet to hold the at-fault party accountable for their actions and receive compensation for your loss. Local Accident Reports can provide you with pertinent local resources that may be able to help you on your path toward financial recovery. Reach out now to see the many ways we can help.
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Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

399

Pickup and SUV Occupants

Pickup and SUV Occupants

307

Large Truck Occupants

Large Truck Occupants

18

Motorcyclists

Motorcyclists

79

Pedestrians

Pedestrians

119

Bicyclists

Bicyclists

7

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