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Losing someone you love is one of the most emotionally devastating experiences you can have. If someone else caused the accident that harmed them, you may feel lost and unsure about what you can do. Hiring a Montgomery fatal accident lawyer from the Law Office of Dwayne L. Brown could help you and your family get through this difficult time by letting us handle the legal process for you.
We are here to provide support, so you will have direct access to your wrongful death attorney and your paralegal throughout the process. When you work with us, you can contact us by phone or text whenever you have a question or need support.
When someone dies in an accident resulting from another person’s actions, their personal representative, also known as the administrator of the estate, may file a claim on their behalf. The deceased could have named this person in their will, or the court may appoint them. There are two types of claims that arise in this situation: a wrongful death claim and a survival action claim. While they may seem similar, they follow separate legal procedures and allocate compensation differently.
Unlike other states, Alabama only awards punitive damages in a wrongful death claim. Normally, a personal injury case seeks financial compensation for the victim’s losses, such as medical bills, lost income if they cannot work, and emotional distress. In contrast, punitive damages aim to punish the wrongdoer and encourage them to change their behavior.
A survival action claim may be pursued if the deceased managed to live long enough to file their own claim before succumbing to their injuries; the lawsuit survives through the personal representative, and they pursue the case until its conclusion. This is how the estate could recover compensation to pay outstanding debts for bills, income, and non-monetary damages.
The two cases often proceed at the same time, but there are circumstances where only a wrongful death claim may be available. It may be helpful to hire a Montgomery attorney who could determine which cause of action applies to your loved one’s fatal accident case.
In addition to the types of damages available, the rules regarding who gets the final compensation differ between wrongful death and survival action claims. Since a survival action was originally the deceased’s case, the compensation award goes to their estate to pay off any outstanding debts. If there is money left over, it is distributed to the heirs according to the will or the state’s intestate laws.
The punitive damages in a wrongful death claim are not subject to the estate’s debts. Instead, the heirs receive the money directly according to the intestate laws, regardless of what the will says, if one exists.
Both claims, however, have a strict two-year filing deadline starting on different dates. The underlying injury case that could become a survival action is from the date of the accident, while a wrongful death claim is from the date of death. It is advisable to retain a lawyer early to assess the applicable deadlines in a Montgomery fatal accident case.
Losing a loved one is difficult, and hiring a Montgomery fatal accident lawyer from the Law Office of Dwayne L. Brown could ease the burden while you grieve. Let us deal with the legal work so you can spend time with your family and process what you have been through. We have been helping families like yours for over 31 years. Contact the Law Office of Dwyane L. Brown for a free consultation. We work on a contingency fee basis, meaning we do not get paid unless you and your loved one’s estate do.
