Shuttlesworth Law Firm, LLC - March 2020

IF YOU’RE FILING A WRONGFUL DEATH CLAIM IN ALABAMA REMEMBER THESE 3 TIPS

YOU CAN ONLY FILE FOR PUNITIVE DAMAGES. Many times, in both wrongful death and workers compensation cases, plaintiffs can demand what are known as compensatory damages, which cover the costs of things like funeral expenses, medical bills, or other costs of the untimely death. However, in Alabama, plaintiffs can only receive punitive damages, which are taken in order to punish the defendant and deter similar negligence by others in the future. THERE’S A TIME LIMIT FOR FILING A WRONGFUL DEATH CLAIM IN ALABAMA. In most states, people have a certain amount of time in which to file a wrongful death claim. In Alabama, that limit is two years. So, if the deceased’s estate’s personal representative doesn’t file the claim within two years following the incident, there will most likely be no case.

In Alabama, a wrongful death is defined as a death caused by the “wrongful act, omission or negligence” of another party. Much like workers’ compensation cases, parties can sue those responsible for wrongful death for compensation. The only difference is that someone else is filing the suit on behalf of the deceased party. While this basic idea is largely the same across the United States, there are a few parts of this process that are unique to Alabama that bear mentioning. ONLY THE PERSONAL REPRESENTATIVE OF THE ESTATE CAN FILE A WRONGFUL DEATH CLAIM. In many other states, any family member of the deceased is allowed to file a wrongful death claim, but that’s not the case in Alabama. A personal representative, or the person the deceased placed in charge of their estate in the event of their death, is the only one who can bring a wrongful death lawsuit against the negligent party.

Losing a loved one is one of the most difficult experiences life can throw at you, and getting justice for wrongful death isn’t easy either. If you need professional advice on filing a wrongful death claim, call the Shuttlesworth Law Firm at (205) 286-6831.

FACTOID STRANGE AND YOU THOUGHT RACEWALKING WAS WEIRD ...

TAKE A BREAK

If you write a best-selling novel or a chart- topping song, you might win a Pulitzer Prize or a Grammy. But from 1912 to 1952, did you know you could have also won an Olympic Medal? Back before the Olympic Games were the international phenomenon they are today, there were awards for artists as well as athletes. Medals were awarded for categories such as painting, literature, music, and even architecture.

Baron Pierre de Coubertin, the founder of the Olympic Games and the IOC, wanted art to have the same place of honor it had in the ancient Greek Olympiads. The Ancient Greeks saw art and athletics as equally important to society. Unfortunately, not everyone else in the world felt the same way. Waning popularity led to the disappearance of the art categories, but not before 151 medals were awarded.

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