Which Family Members Can File a Wrongful Death Claim After a Car Accident in Alabama?

It’s always tragic when a loved one dies. It’s devastating when your family member dies in a preventable accident. At Prince Glover Hayes, we file wrongful death claims when a close relative dies in a car accident or any other type of accident. No amount of money can ever replace your loved one. Our wrongful death lawyers fight to hold the people and businesses accountable for the death of your loved one. We demand the maximum compensation that Alabama law permits for eligible family members.

The responsible parties for a fatal car accident generally include the driver who caused the accident and any of the following – depending on how the accident occurred:

• An employer of the driver
• The owner of the vehicle if the owner is different than the driver
• The manufacturers of any defective car parts that cause the accident
• Other defendants

Who files the wrongful death claim in Alabama?

In Alabama, the personal representative of the decedent’s estate files the wrongful death claim on behalf of the family members. The personal representative is either someone named as the executor in your loved one’s will or someone who is approved by the local Tuscaloosa courts to act as the personal representative. We’ll explain who qualifies to act as the personal representative. The main requirement is that your loved one would have been able to file a negligence claim if they had survived.

There is no requirement that there be any criminal charges against the driver or any other responsible parties. The wrongful death claim must be filed within two years from the death of the decedent. We file the claim in the county where your loved one could have filed his/her claim – generally, where the car accident happened.

The damages (whether through a settlement or a jury verdict) are distributed according to the intestate laws of Alabama. The damages are “not subject to the payment of the debts or liabilities” of the decedent.

Who can file a wrongful death claim if the decedent is a minor?

In Alabama, the child’s mother or father can file the wrongful death claim, without the requirement of using a personal representative, if they file the claim within six months of the child’s death. A minor is a child who is 18 or younger.

Who are the beneficiaries of a wrongful death claim in Alabama?

The beneficiaries are the family members who have the right to receive damages according to the intestate laws of Alabama. These rules control the distribution even if the decedent has a will.

Generally, the succession works as follows:

• Children and no spouse: The children receive everything.
• Spouse, no children, and no parents: The spouse receives everything.
• Spouse and children of the decedent and the spouse:
  • The spouse receives up to the first $50,000 and ½ of the balance.
  • The children receive the rest of the estate.
• Spouse and children of the decedent but not of the spouse:
  • The spouse receives half of the estate.
  • The children receive half of the estate.
• Spouse and parents:
  • The spouse receives up to the first $100,000 and ½ of the balance.
  • The parents receive the rest of the estate.
• Parents, no spouse, and no children: The parents receive the entire estate.
• Siblings and no spouse, children, or parents: The siblings receive everything.

Generally, when a distribution is made to multiple beneficiaries of the same class, such as the children, the children’s distribution is in equal shares.

What amount of damages can the beneficiaries receive?

Unlike most states, Alabama does not calculate the damages based on compensatory damages – the financial and personal losses of the beneficiaries because of the decedent’s death.

Alabama awards punitive damages in wrongful death cases due to any cause, including car accidents. The goal of punitive damages is to punish the defendants and deter them and others from committing similar acts of negligence.

The good news is that there is no cap on the amount of punitive damages in an Alabama wrongful death claim.

A common example of a car accident that may justify punitive damages is if a driver who is intoxicated causes the death of your loved one. There is no requirement that prosecutors file criminal charges to obtain a punitive damage award. Our car accident lawyers can show that the driver’s intoxication was the cause of the death of your family member.

We work with our investigators and the police, and by thoroughly questioning everyone with information about the car accident to show that a punitive damage award should apply.

At Prince Glover Hayes, we understand how traumatic the death of your family member is. Your loved one is no longer alive to provide love, guidance, and support. We’ve helped many clients obtain strong recoveries. Please call our law offices or fill out our online contact form to schedule a free consultation.