A Wrongful Death Lawyer in Orange Beach Can Fight for You & Your Family

Wrongful Death Claims in Orange Beach, Alabama

Alabama law prohibits direct family members of the deceased from filing a wrongful death claim. Instead, only the executor of the decedent’s estate may submit such a claim. This is typically the individual who is listed in the decedent’s will. Additionally, any compensation awarded in a wrongful death lawsuit in Alabama can only be paid to the decedent’s estate.

Contrary to many other states, Alabama only allows punitive damages to be recovered in wrongful death claims. The at-fault party is responsible for paying these damages if the court rules in favor of the deceased’s estate. 

Proving Fault

In order to prove fault in a wrongful death claim, there must be evidence that:

• The defendant had a duty of care
• The defendant failed to fulfill that duty of care
• Breach of that duty caused the death of the decedent 

A skilled wrongful death attorney in Orange Beach can work to compile evidence and build a case against the defendant. Admissible evidence may include police reports, medical records of the deceased, testimonies of witnesses or medical experts, and visual evidence like photos and videos.

Statute of Limitations

In Alabama, a wrongful death claim must be filed within two years of the date of the victim’s death. Failure to file within that time frame will likely result in the denial of the claim.

If you are unsure whether you are eligible to file a wrongful death suit in Orange Beach, a wrongful death lawyer can help walk you through your options.