Losing a family member due to someone else’s careless or wrongful actions is something no one should have to bear. Unfortunately, deadly accidents happen frighteningly often in Huntsville, Alabama. These can range from fatal car crashes and pedestrian accidents to deadly injuries from defective products or medical malpractice.
While you don’t want to think about a wrongful death lawsuit after a family member’s death, a personal injury claim can help you meet your financial needs while you grieve. Therefore, it’s crucial to know the wrongful death statute of limitations in Alabama — which is how long you have to file a lawsuit — and how it applies to your situation.
At Morris, King & Hodge, P.C., we have vast experience in pursuing compensation in wrongful death cases. If your loved one died as a result of someone else’s wrongdoing, contact us today for a free case review. We’ll advise you about how the statute of limitations applies in your circumstances.
What Is the Alabama Statute of Limitations for Filing Wrongful Death Claims?
There is a statute of limitations on wrongful death claims in Alabama. It dictates that you have two years from the date of your loved one’s death to file a wrongful death lawsuit against the at-fault party. Furthermore, only certain people can file wrongful death lawsuits in Alabama. State law allows only the personal representative of the deceased’s estate to file a wrongful death suit.
Usually, a person names their personal representative in their will or other estate plan documents. If someone dies without naming a personal representative, the courts can appoint someone to serve that role. The newly named representative can then file a wrongful death lawsuit on behalf of the deceased’s estate.
Are There Exceptions to the Wrongful Death Statute of Limitations Time Period?
In some situations, the usual wrongful death statute of limitations in Huntsville does not apply. These exceptions include:
- Minor Beneficiaries – If a minor is a primary beneficiary in a wrongful death case, Alabama law may extend the statute of limitations until the minor is old enough to file a lawsuit.
- Defendant Concealment or Fraud – If the defendant actively conceals their involvement in the wrongful death or provides false information to prevent a lawsuit, the statute of limitations may be paused. This rule helps prevent wrongdoers from escaping liability through deceitful actions.
- Discovery of New Evidence – In rare cases, new evidence discovered after the original statute has expired may allow the case to proceed. This exception, while uncommon, provides an option if critical information about the wrongful death emerges later.
- Out-of-State Defendants – If the defendant leaves Alabama before a lawsuit is filed, the statute of limitations pauses until they return. This exception helps ensure that a defendant’s absence does not prevent a claim from moving forward.
When Does the Statute of Limitations Time Period Start for a Wrongful Death Case?
The statute of limitations period for Alabama wrongful death cases starts on the date someone dies. This distinction is important, particularly if someone’s injuries are not immediately fatal or if they live with a terminal illness for a long time. For example, if someone dies three months after a severe car accident, the two-year countdown starts on their death date, not the accident date.
What Happens If I Miss the Filing Deadline for a Wrongful Death Claim?
If you file a wrongful death lawsuit after the statute of limitations has expired, the court will likely dismiss your claim. This means you may lose your right to seek compensation for your family member’s death, leaving you without legal recourse to hold the responsible party accountable.
However, in certain situations, there may be exceptions to the Alabama wrongful death statute of limitations. If you believe an exception might apply to your case, it’s critical to speak with an attorney immediately. Your lawyer can evaluate your case and determine whether any specific circumstances could extend your filing deadline. Taking action quickly maximizes your chances of preserving your right to seek justice and financial recovery for your loss.
Compensation Available in Alabama Wrongful Death Cases
Unlike most states, Alabama does not allow surviving family members to recover compensatory damages in a wrongful death lawsuit. Instead, families can only recover punitive damages. There are strict rules for recovering punitive damages in wrongful death cases, so it’s crucial to work with an experienced lawyer who can guide you through the legal process and protect your rights.
Why Is Morris, King & Hodge, P.C., the Best Choice to Handle My Case?
Choosing Morris, King & Hodge, P.C. to handle your wrongful death case means partnering with a firm that has a proven track record of success and a deep commitment to client care. With over 50 years of experience in personal injury law, our attorneys have the knowledge and skills to navigate the complexities of wrongful death claims.
Our team includes seasoned attorneys like Harvey B. Morris, who has been practicing law in Huntsville since 1966 and has an AV Preeminent® rating from Martindale-Hubbell, demonstrating his professional excellence. Joe A. King, Jr., who has been recognized as “Lawyer of the Year” in multiple categories by The Best Lawyers in America®, brings extensive experience in personal injury litigation. David J. Hodge, who also has an AV Preeminent® rating, has a strong background in complex litigation, further strengthening our firm’s capabilities.
Beyond our professional credentials and awards, we prioritize personalized attention for every client so they receive the dedicated support they need during challenging times. When you choose our firm, you can be confident that your case will be handled with the utmost professionalism and care, aiming for the best possible outcome for you and your family.
Don’t wait to talk to our lawyers about your Huntsville wrongful death claim. Call us today or complete our contact form for a free consultation where we can advise you about your options for pursuing the justice and compensation you deserve.
