Losing a loved one is a heartbreaking experience. When someone else’s negligence or intentional actions caused that loss, it can be even more devastating.
If you have lost a loved one due to someone else’s actions, you may be able to file a wrongful death lawsuit. However, not everyone is eligible to file such a lawsuit.
Spouse and children
In Alabama, the spouse and children of the deceased person have the first right to file a wrongful death lawsuit. If the deceased person had a spouse, the spouse must file the lawsuit. If the deceased person did not have a spouse but did have children, the children can file the lawsuit. If there is no spouse or children, the parents of the deceased person can file the lawsuit.
If the deceased person did not have a spouse, children or parents, the personal representative of the estate can file a wrongful death lawsuit. The personal representative is usually named in the deceased person’s will, but if there is no will, the court will appoint a personal representative.
In some cases, other parties may be able to file a wrongful death lawsuit. For example, if the deceased person had dependent stepchildren, they may be able to file a lawsuit. Additionally, if the deceased person had a dependent who relied on them for financial support, that person may be able to file a lawsuit.
A wrongful death lawsuit can help provide compensation for medical expenses, funeral expenses and other costs associated with the loss of a loved one.