Mobile Wrongful Death Lawyers

Was Your Loved One a Victim of Wrongful Death?

The Mobile wrongful death lawyers at Andy Citrin Injury Attorneys may be able to help you. Our firm has helped thousands of injured victims and their loved ones secure compensation.

Call us to schedule a free legal consultation. We can determine if you have a case, what it may be worth and manage the legal process from start to finish. We are available 24/7 and do not charge any upfront fees.

Our owner and CEO Andy Citrin has been selected as one of the top 100 trial lawyers in Alabama and has been featured in the Multi-Million Dollar Advocates Forum.

What is a Wrongful Death in Alabama?

A wrongful death is caused by the negligent, reckless or deliberate actions of another. This means that another party may be legally at fault for what happened. Alabama law allows some surviving family members to file a wrongful death lawsuit to seek compensation for their losses.

Wrongful death cases involve many types of accidents, including:  

• Car accidents
• Commercial truck accidents
• Slip and fall incidents
• Criminal acts
• Dog attacks
• ATV accidents
• Motorcycle crashes
• And more

Some examples of actions that can lead to wrongful death include:

• Drunk driving
• Speeding
• Defective products or vehicle components, such as components of a commercial truck or ATV
• Failing to fix or block off a slip and fall hazard
• Distracted driving
• Falling asleep at the wheel
• Violating federal or state regulations, such as regulations on commercial trucks or their drivers
• Deliberate actions that cause fatal injuries, such as assault or other criminal activity

Who Can File a Wrongful Death Lawsuit in Alabama?

Some states allow the victim’s surviving spouse or children to file wrongful death lawsuits. However, Alabama limits this right to the personal representative of the estate, also called the executor. This person is usually a family member who oversees the deceased’s estate. If a loved one did not select a personal representative before they passed away, the court can assign someone.

A friend, family member or another interested party may petition the court to become a personal representative of the estate. You should also note that a personal representative cannot be under the age of 19, a convict of an “infamous” crime or mentally unfit to serve.

Alabama does have an exception to the law on personal representatives filing wrongful death claims: if the deceased was a minor under the age of 19, the parents have the right to file a wrongful death lawsuit. They must bring the lawsuit within six months from the child’s death. After six months pass, the right passes to the personal representative of the minor’s estate.

What Types of Damages Are Available From a Wrongful Death Lawsuit?

Unlike many other states, Alabama only allows punitive damages in wrongful death lawsuits. Punitive damages are meant as punishment for the defendant and to serve as a deterrent to similar conduct in the future.

Unlike other states, Alabama does not allow the personal representative to pursue compensatory damages, such as pain and suffering, loss of wages or medical expenses.

Alabama also does not place any cap on damages in wrongful death cases. While the state does have a cap on punitive damages in personal injury cases, this cap does not apply to wrongful death cases.

How Is Compensation Distributed in a Mobile Wrongful Death Lawsuit?

In Alabama, punitive damage awards from a wrongful death claim are not distributed based on what is in the deceased individual’s will. They are awarded according to Alabama’s intestacy laws.

This law follows a specific order of inheritance that is outlined by the state:

Spouse and Children

If the deceased has a spouse who shares the same biological children, the spouse inherits the first $50,000 of the estate plus half of the remaining estate. The children inherit the other half.

In cases where the deceased has children from another relationship, the spouse only inherits half of the estate and the children inherit the other half.

Spouse and Parents

If the deceased has a surviving spouse and parents but has no children, the spouse inherits the first $100,000 of the estate plus half of the remaining estate, while the parent inherits the other half.

Only Spouse

If the deceased only has a surviving spouse and no children or parents, the spouse inherits the entire estate.

Only Children

If the deceased has living children and no spouse, the children inherit the entire estate. The children will divide the inheritance equally among themselves.

Only Parents

If the deceased only has surviving parents, the parents inherit the entire estate.

Siblings

If there are no surviving spouses, children or parents, the estate will be equally divided among siblings.

If you are the spouse, child, parent, or sibling of someone who suffered a wrongful death, contact our Mobile wrongful death lawyers today. The consultation is free and there are no upfront costs. We are here to answer your questions and fight for your rights.  

What is the Deadline for Filing an Alabama Wrongful Death Lawsuit?

You have two years from the date of your loved one’s death to file a lawsuit. If you miss the deadline, you lose the right to seek compensation.

You should contact an experienced lawyer to review legal options, even if you are unsure if you have a case. It takes time to investigate and gather evidence and you want your lawyer to have as much time as possible.

Can You File a Survival Action in Alabama?

Alabama only allows survival actions if the victim had already filed a claim before passing away. The purpose of a survival action is to recover compensation for damages the deceased would have been entitled if he or she survived.

Damages are awarded to the estate instead of family members, and may include:

• Medical expenses accrued between the injury and death
• Property damage
• Lost income
• Pain and suffering

If you have questions about a survival action, contact our Mobile, Alabama wrongful death lawyers today. We have extensive knowledge of state laws and how to pursue full compensation for your loved one’s damages.

Resources to Help Those Who Suddenly Lost a Loved One

There are many resources/support groups for families grieving the unexpected loss of a loved one in the Mobile area, including:

• Stepping Stones Grief Group
• The Compassionate Friends – Mobile Chapter
• GriefShare has a list of support groups in the Mobile, Alabama area

At Andy Citrin Injury Attorneys, our Mobile wrongful death lawyers do not want families to be concerned about the complex legal process. We handle each step on behalf of our clients, providing compassionate legal guidance and support.

If you are navigating the aftermath of a wrongful death, you do not have to face it alone.

Did You Lose a Loved One To Wrongful Death? Call Our Mobile Wrongful Death Attorneys

Our team at Andy Citrin is here for you so you can focus on recovering. For nearly 30 years, our experienced Mobile attorneys have been serving clients including those seeking wrongful death claims.

Although recovering compensation cannot change the outcome of a tragic incident, it is an important step for families.

Call our Mobile personal injury lawyers today to discuss your case. We offer free consultations with no upfront costs to manage your case from beginning to end.

Our office in Mobile is just a 15-minute drive from USA Health University Hospital.