The personal representative of the deceased’s estate is the only person who can file a wrongful death lawsuit in Alabama. The personal representative, often named in the deceased’s will, is the individual authorized to initiate legal action on behalf of the deceased’s estate.
Understanding the importance of the personal representative in filing a wrongful death lawsuit in Alabama can help families make informed decisions during a challenging time. If you have lost a loved one and are unsure about the process, consulting with experienced wrongful death attorneys in Montgomery or Millbrook like those at Floyd Hunter Injury Law can provide the guidance and support you need.
Definition of a Personal Representative
A personal representative is someone appointed to manage the deceased’s estate. This person is responsible for handling legal and financial matters on behalf of the deceased. They play a critical role in wrongful death claims as they are the only ones legally permitted to initiate the lawsuit.
Court Appointment of a Personal Representative
If no personal representative is named in the deceased’s will, the court will appoint one. The court typically considers the deceased’s closest relatives or individuals who have a significant interest in the estate. This appointed representative must meet specific eligibility criteria, ensuring they are capable and trustworthy to handle the responsibilities.
Filing on Behalf of a Deceased Minor
There are special provisions for who can file a wrongful death lawsuit in Alabama when the deceased is a minor. The parents of the deceased minor have the right to file a wrongful death claim. However, this right is limited to within 6 months following the minor’s death. If the parents fail to file within this period, the court may appoint a personal representative to proceed with the claim.
Distribution of Wrongful Death Settlements
The distribution of any settlement from a wrongful death claim is also governed by specific rules in Alabama. Here’s a breakdown of how the funds may be allocated:
Spouse
If the deceased was married, the spouse might receive a significant portion of the settlement. The exact share can depend on whether the deceased had children or surviving parents.
Children
If the deceased had children, they are entitled to a portion of the settlement. This share is typically divided equally among the children.
Parents
If the deceased was not married and had no children, the parents might receive the settlement. If only one parent survives, they might receive the entire amount.
Understanding these distributions can help set expectations for how the compensation might be divided among the surviving family members.
Those Thumbs Up Guys® Can Help
Filing a wrongful death claim in Alabama is a complex process that requires a thorough understanding of the legal requirements and who is eligible to file. Having a knowledgeable attorney is crucial for ensuring the claim is handled properly. At Floyd Hunter Injury Law, we understand the intricacies of wrongful death cases and are here to provide the support and expertise you need during this difficult time.
If you have lost a loved one due to someone else’s negligence, don’t navigate this process alone. Contact Floyd Hunter Injury Law today for a consultation. We are dedicated to helping you seek justice and obtain the compensation you deserve.
