Who can seek justice after a loved one is killed in a truck accident?

In a perfect world, nobody would die because somebody else acted with negligence. Unfortunately, people in Birmingham, including commercial truck drivers, regularly cause fatal injuries due to poor decisions or inaction. Then the victim’s family must find a way to pick up the pieces and find a way to live without their missing relative.

One way to help make that happen is to file a wrongful death lawsuit against the truck driver who caused the crash — and the trucking company that potentially allowed it to happen. But you might be wondering if you have the right to sue.

Who can sue for wrongful death?

In Alabama, the personal representative of the deceased’s estate is the person who can file a wrongful death suit. The exception is when the deceased was a minor. In those cases, one of their parents can sue if they start the claim within six months of their child’s death. Otherwise, the personal representative has two years to take legal action. Whoever the plaintiff is, they can seek damages on behalf of the deceased’s estate as well as surviving family members, such as their spouse, parents and children.

Unusual compensation system

Alabama handles wrongful death compensation unusually. Unlike most states, Alabama does not allow plaintiffs to seek compensatory damages in wrongful death litigation. Only punitive damages, which are meant to punish the defendant, are permitted. Wrongful death cases in this state tend to focus on the defendant’s negligent behavior, rather than the harm the deceased and their loved ones have suffered. Working with an Alabama personal injury attorney who is familiar with state law is critical.

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"They took a case that others would have stayed clear of.."
I have the utmost respect for Rip Andrews and the lawyers at MRB Law. They took a case that others would have stayed clear of because the issue of state immunity was involved. Through determination and unwavering commitment they were able to a find resolution to an extremely difficult matter.
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"They took a case that others would have stayed clear of.."
I have the utmost respect for Rip Andrews and the lawyers at MRB Law. They took a case that others would have stayed clear of because the issue of state immunity was involved. Through determination and unwavering commitment they were able to a find resolution to an extremely difficult matter.
Nancy Owen
"They...brought justice to my family through a multi-million dollar verdict ."
These lawyers took a complicated issue, revealed the truth in a way 12 jurors unfamiliar with the topic could understand, and brought justice to my family through a multi-million dollar verdict. They were able to relate my “invisible” medical condition to the jury better than I can to my own friends. And because of that, the jury hugged me and cried with me when it was all over. That meant more to me than any amount of money.
Caroline Malatesta
"They...brought justice to my family through a multi-million dollar verdict."
These lawyers took a complicated issue, revealed the truth in a way 12 jurors unfamiliar with the topic could understand, and brought justice to my family through a multi-million dollar verdict. They were able to relate my “invisible” medical condition to the jury better than I can to my own friends. And because of that, the jury hugged me and cried with me when it was all over. That meant more to me than any amount of money.
Caroline Malatesta
"Our relationship began as strangers but ended in friendship thanks to the compassion he showed ."
I can’t adequately put into words the appreciation I have for Mr. Derrick Mills and MRB Law. He was assertive in his fight for justice for our family during our time of tragedy. Mr. Mills is knowledgeable, passionate and a great communicator. Our relationship began as strangers but ended in friendship thanks to the compassion he showed. Thank you Mr. Mills for being a dedicated professional! Justice done right!
Dana Owens
"Our relationship began as strangers but ended in friendship thanks to the compassion he showed."
I can’t adequately put into words the appreciation I have for Mr. Derrick Mills and MRB Law. He was assertive in his fight for justice for our family during our time of tragedy. Mr. Mills is knowledgeable, passionate and a great communicator. Our relationship began as strangers but ended in friendship thanks to the compassion he showed. Thank you Mr. Mills for being a dedicated professional! Justice done right!
Dana Owens
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