Who Can File a Wrongful Death Lawsuit?


Red rose on top of a tombstoneThe moment a family suffers the loss of a loved one, there may be potential for a wrongful death claim to be filed. However, it’s important for those involved to recognize who may file the claim in the state of Alabama and what to expect in the process.

Alabama Is Unlike Most States In Wrongful Death Matters

When a wrongful death occurs in many states in the United States, some of the potential individuals who may file a wrongful death lawsuit, including the surviving spouse, the surviving children, and potential other relatives who may have been dependent on the decedent.

However, in the state of Alabama, family members of the deceased are not allowed to file a wrongful death claim. Instead, the claim must be brought forth by the deceased individual’s estate. All damages awarded in an Alabama wrongful death case are paid to the estate.

For any family of a lost loved one, it’s very important to understand how this impacts a family, what it means for them moving forward, and how they can take the steps to recover after losing a loved one due to negligence.

Should Hiring a Lawyer Be a Step?

In some cases of a wrongful death, a family member may be the personal representative of the deceased individual; however, only the estate can file a wrongful death lawsuit and the damages would then be awarded to the heirs of the decedent.

Hiring a lawyer can be extremely helpful in pursuing compensation as the estate may be up against other legal parties—those representing the negligent party. A lawyer recognizes the tactics that may be used by an insurance company to limit their policyholder’s liability.

At Cunningham Bounds, we’re fully aware of how these types of cases are handled, the complex matters that may be experienced, and ways to move forward in a healthy and positive manner. It’s important for the family of those lost to fully understand what rights and options are available.

Our Alabama wrongful death lawyers work hard to help those in a time of need. Trust that we go the extra mile because we know that it’s a time when guidance is needed the most.

Call our firm at (844) 417-0930 to discuss your potential rights with a lawyer.

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