In the United States, each state has a set of laws that designates who can file a wrongful death claim on behalf of their loved one. Although many family members may want to seek justice, not everyone has the legal right to sue. This blog will discuss what qualifications need to be met before an individual or family files a wrongful death claim.
Who is eligible to file a claim?
Unfortunately, in Alabama, not everyone in the family is eligible to file a wrongful death lawsuit. A personal representative of the deceased person’s estate is the only one eligible to file a claim. This person is labeled in the will of the deceased, but if they did not have a will, a personal representative will be appointed in Alabama probate court.
Appointing a personal representative depends on the relationships the deceased has before they passed. If they were married, the personal representative would most likely be their surviving spouse. If not, the next in line would be any surviving siblings, adult children, or parents.
What elements must be present?
Even if your loved one’s death was sudden, it doesn’t mean it was wrongful. In some cases, people are actually responsible for their own injuries that led to their sudden death. In order for a wrongful death lawsuit to be successful, you need to prove that the death was caused due to another person’s negligence. You must also show that the person or business who is responsible for their death had a duty towards the decedent and they breached it. If you are serious about filing a wrongful death claim, you should contact a legal expert as soon as possible to discuss your situation and potential case .
Reach out to our team today.
The legalities behind a wrongful death lawsuit can be complex and hard to navigate if you have zero experience in the legal field. If you are not sure if you’re eligible to file a claim, contact our legal office today. Here at Cunningham Bounds, we can help you understand your stance and assist you with building a strong case that can get you the compensation that you deserve.
Call our legal office today at (844) 417-0930 or fill out this form on our website for a free consultation. You deserve justice, and we’re willing to fight for you.