Wrongful Death Laws in Alabama
The wrongful death laws in Alabama
and Mississippi are very different. Actually, Alabama is different from
almost 49 other states on this. Let me get to that basic difference now
on Alabama then Mississippi law to follow.
The first thing you need to know is the time to start the case. You absolutely must file this case within two years of the death. If two years passes without filing, the case is over. The case can continue after two years if filed but no action allowed if two years passes before filing.
"A personal representative may commence an action and recover such damages as the jury may access in court..." Section 6-5-410(A) The first thing this means that anyone who is part of the family or properly represents them can file this case for all. You don't get any more or any less what you are entitled to about filing this. Generally, one person leads for all. If there is more than one person to lead, the families need to decide on this.
In some instances, cases were brought while the now deceased was still alive. The death is terrible for the family personally but the case also has a loss that must be repaired. This case may be brought back to life in the case for wrongful death and the case is for the family that is now living. The case is then for wrongful death and not the original case for the person who passed away. "The damages recovered are not subject to the payments of debts and the liabilities of testator or interstate, but must be distributed according to the statute of distribution." Section 6-5-410(C) This means the money due here does not go to someone else. The money goes to the family here. Period.
This is the very bare, basic information to start off with.
You can Read more here.
If there is any way I can help, call or text me with questions about how I can help you. 205-342-3622 or email: lawyerharmon@gmail.com.
The first thing you need to know is the time to start the case. You absolutely must file this case within two years of the death. If two years passes without filing, the case is over. The case can continue after two years if filed but no action allowed if two years passes before filing.
"A personal representative may commence an action and recover such damages as the jury may access in court..." Section 6-5-410(A) The first thing this means that anyone who is part of the family or properly represents them can file this case for all. You don't get any more or any less what you are entitled to about filing this. Generally, one person leads for all. If there is more than one person to lead, the families need to decide on this.
In some instances, cases were brought while the now deceased was still alive. The death is terrible for the family personally but the case also has a loss that must be repaired. This case may be brought back to life in the case for wrongful death and the case is for the family that is now living. The case is then for wrongful death and not the original case for the person who passed away. "The damages recovered are not subject to the payments of debts and the liabilities of testator or interstate, but must be distributed according to the statute of distribution." Section 6-5-410(C) This means the money due here does not go to someone else. The money goes to the family here. Period.
This is the very bare, basic information to start off with.
You can Read more here. If there is any way I can help, call or text me with questions about how I can help you. 205-342-3622 or email: lawyerharmon@gmail.com.
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