This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
Alabama Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Survival action in Alabama This can include medical costs, pain and suffering, and other associated expenses. Sometimes a survival action is the continuation of a personal injury claim that was made by the injured person before they passed away from their injuries.
Under Alabama law, a wrongful death occurs when someone dies due to someone else's ?wrongful act, omission, or negligence? in such a way that, had the victim survived, he or she would've had a right to file a personal injury lawsuit against that party.
General Rule ? The ?Personal Representative? In Alabama, only the personal representative of the deceased's estate has the legal authority to bring a wrongful death lawsuit. In some cases, the deceased will have named the personal representative (also known as an ?executor?) in his or her will.
Some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death suit, but Alabama has no such limit. Get more details on damages that might be available in a wrongful death case.
Alabama law requires that the personal representative of a decedent's estate file a wrongful death claim in court. The personal representative, also called the administrator or executor of the estate, may be designated in a will or appointed by the court.
In Alabama, only the personal representative of the estate has a right to file a wrongful death claim. The only exception is if the victim is a minor under the age of 19, in which case the parents have six months to file a wrongful death lawsuit. After that time, the personal representative must file the claim.
In Alabama, punitive damages are governed by law. Alabama Code Section 6-11-20 provides that punitive damages may be awarded in wrongful death cases and tort actions when there is clear evidence that the defendant intentionally acted with ?oppression, fraud, wantonness, or malice.?