While your financial needs are not your top concern after a family member’s death, it is vital not to forget such practical matters. Losing a family member can result in a significant drop in your household income. You must also consider the rising cost of funerals and burials, which can add more financial stress to an already challenging time for your family.
Alabama law lets you demand compensation for a family member’s wrongful death. Surviving family members usually receive the money from a wrongful death claim payout, but who gets what and how much they receive depend on the circumstances of the case.
Talk to an Alabama wrongful death attorney at Morris, King & Hodge, P.C., to learn more about the potential beneficiaries of a wrongful death claim in your unique situation.
Who Can File a Wrongful Death Claim in Alabama?
While figuring out who gets the money in an Alabama wrongful death lawsuit can be complicated, there is a simple answer to who can file a wrongful death claim. Under Alabama law, only the personal representative of the deceased’s estate can file a wrongful death suit. “Executor” is another term you may have heard to describe this role.
Typically, individuals name their personal representative in their will. The person is usually a trusted family member or friend. The courts can appoint someone to serve that role if someone dies without a will or did not name a representative. Most adults can serve as a personal representative.
Who Receives the Compensation in a Successful Wrongful Death Case?
Strict, complex rules determine who receives the money from wrongful death settlement distributions or the proceeds of a successful wrongful death lawsuit in Alabama. These rules depend on the specific circumstances of individual cases. The general guidelines are below.
If your family member:
- Was married but had no children or parents, the surviving spouse gets everything.
- Had children but was not married, the children receive all the money.
- Was married with children from that marriage, the spouse gets the first $50,000 and half of the remainder. The children equally divide whatever is left.
- Was married with children from another relationship, the spouse gets half. The children receive the remainder.
- Was married, had no children, but had surviving parents, the surviving spouse gets the first $100,000 and half of the rest. The parents receive the remainder.
- Was not married and had no children, the surviving parents receive the full payout.
- Did not have parents, a spouse, or children, then any surviving siblings share the money.
What Is Unusual About Alabama Wrongful Death Claim Payouts?
In many states, wrongful death claim payouts depend on factors such as the deceased person’s medical expenses, burial costs, the financial support that the surviving family members have lost, and other elements specific to the case. That is not the situation in wrongful death cases that go to trial in Alabama, though.
Instead, punitive damages make up the entirety of the compensation in Alabama wrongful death lawsuits. That makes wrongful death damages variable in Alabama. Punitive damages are meant to punish the at-fault party rather than compensate surviving family members for specific losses.
There is no cap on wrongful death compensation in Alabama. Our experienced wrongful death attorneys can present a compelling case to the court to seek to maximize your claim’s value.
Get Help from Our Alabama Wrongful Death Attorneys
You deserve a chance at justice after losing a family member. A wrongful death claim provides that opportunity while also helping you seek compensation to minimize your financial stress. The wrongful death attorneys at Morris, King & Hodge, P.C., have decades of combined legal experience and are ready to handle all the work in your case so you can focus on healing.
Call now or complete our contact form to schedule a free consultation with a skilled wrongful death lawyer at our law firm.
