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Alabama Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for Alabama on
Q: Can I sue for wrongful death for suicide?

My father committed suicide in early January. He was living in a shelter that focused on helping people with mental health problems and addiction, which he had. He attempted to harm himself before he passed and I believe the shelter did not follow proper procedures to prevent him from another... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

I doubt it but consult an Alabama attorney who handles nursing home questions and also contact the Alabama Civil Liberties union to ask if they have "cooperating attorneys" who handle issues regarding homelessness.

1 Answer | Asked in Estate Planning, Personal Injury, Probate and Wrongful Death for Alabama on
Q: My stepdad of 30 years died in the pipeline explosion 2016. His wife, my mother, automatically became the executor of

My mother passed away this June and the lawsuit hasn't been settled and I need an executive of estate to file with home insurance and truck and would me and my sister be the beneficiary of lawsuit

Tim Akpinar
Tim Akpinar answered on Dec 8, 2020

An Alabama attorney would be able to advise best, but your question remains open for two weeks. I'm very sorry for the recent loss of your mother, and earlier loss of your stepfather. You say that a wrongful death lawsuit has not been settled. It isn't clear from the facts whether a... Read more »

1 Answer | Asked in Wrongful Death, Animal / Dog Law and Civil Litigation for Alabama on
Q: I think a vet clinic is responsible for the death of my cat, any advice?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 25, 2020

You’ll have to either sue or file a complaint with your local licensing board.

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Alabama on
Q: My dog was ran over (I witnessed it) by a truck going 50 mph down a dead end road in the country. What could I do?

The speed limit on my road is 15 mph! The person who ran him over NEVER stopped or turned around after obviously running a dog over. My dog was ran over right beside our mailbox, basically in my YARD. the truck that ran him over should have been on the right side of the road but my dog was on the... Read more »

Christopher Belk Estes
Christopher Belk Estes answered on Jun 10, 2020

Oh my gosh. That is terrible and I am so sorry for your loss. You should report this to the Police and the District Attorneys Office and see if you can get them to pursue animal cruelty charges against this person. As for a civil case, unfortunately animals are treated as property and valued as... Read more »

3 Answers | Asked in Wrongful Death for Alabama on
Q: We are filing a wrongful death suit for my dads death. How are damaged disbursed in a wrongful death case in alabama

My sister in main one talking to lawyers and getting the estate set up. She says she wants to make sure all debts are paid first. I’ve read different things I just want to make sure I understand the process

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr answered on May 26, 2020

Alabama handles wrongful death damages different than most (if not all) other states. In Alabama, the only damages recoverable for wrongful death are PUNITIVE damages. Compensatory damages such as pain, suffering, economic loss, etc. are not recoverable in Alabama. In addition, although the estates... Read more »

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1 Answer | Asked in Wrongful Death for Alabama on
Q: What is it going to take for people to notice the wrongful executions of black lives in the state of Alabama death row?
Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

It will take people who care organizing together. I suggest you contact the Southern Poverty Law Center, NAACP, ACLU of Alabama to find out who is working on the issue. Some faith groups are also working on that issue. Sojourners, & Repairers of the Breach may be able to tell you who in... Read more »

2 Answers | Asked in Personal Injury and Wrongful Death for Alabama on
Q: My mother died of matastitic ovarian cancer in 1996 talcumpowder, can I bring a case under toxic tort law
J. Brent Burney
J. Brent Burney answered on Apr 17, 2020

You may be able to file a claim. There is currently litigation pending against the manufacturers of talcum powder, particularly Johnson and Johnson. You should immediately contact an attorney in your area to discuss your mother's death in more detail to determine if there is a viable claim.

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2 Answers | Asked in Car Accidents and Wrongful Death for Alabama on
Q: If someone is walking down the middle of a highway and they get hit by a car and die, what happens to the driver

Driver is over 60. Sober. Upstanding citizen. Victim is under the influence.

Peter N. Munsing
Peter N. Munsing answered on Dec 14, 2018

Maybe nothing, maybe a charge if the person in the middle was visible. Even if drunk doesn't mean he's in line to be a hood ornament if someone could see him.

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1 Answer | Asked in Wrongful Death and Legal Malpractice for Alabama on
Q: As far as finding a lawyer to file criminal charges against the reasonable party, because my little brother hard lawyer

He didn't file criminal charges as I instructed him. And because of that he had no weight to win at trial. Now I see I have to seek counsel for my father's wrongful death.

Peter N. Munsing
Peter N. Munsing answered on Mar 22, 2018

Only the DA can bring criminal charges. You cannot. So maybe your brother's lawyer is OK.

1 Answer | Asked in Wrongful Death for Alabama on
Q: Can an ex-wife and mother to a child of someone who was murdered in prison due to wrongful death (negligence) file

My sons father and my ex-husband was murdered at Elmore State Prison while serving a life sentence with parole and I would like to pursue suing the state of Alabama for neglect in there prison system. Please tell me if this is possible. The date of the incident was 2/16/17 and he died on 2/18/17... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

The prisoner's estate can file a claim and the beneficiary would be the child. Contact the Alabama Civil Liberties Unit, ask for the prison rights group, ask them for the names and phone numbers of some of their "cooperating attorneys." They give free consultations.

1 Answer | Asked in Wrongful Death and Personal Injury for Alabama on
Q: Can the biological parent file a wrongful death suit if they did not have custody of the child at the time of death
Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

As long as they did not lose parental rights they have a claim.Consult a member of the Ala Assn for justice--they give free consults.

1 Answer | Asked in Family Law and Wrongful Death for Alabama on
Q: My mother passed away before a lawsuit case was settled for the wrongful death of my father.

If there is a settlement how would it be split? Would it go to my mother's estate, or be split amongst my father's remaining heirs?

Barbara H. Agricola
Barbara H. Agricola answered on Oct 6, 2017

it depends on how the case was brought in the first place. if your mother was awarded money, then it would go into her estate.

2 Answers | Asked in Car Accidents, Criminal Law and Wrongful Death for Alabama on
Q: What is the minimum prison time for a hit and run resulting in four deaths in a car accident?
Samuel G McKerall
Samuel G McKerall answered on May 6, 2017

You have not provided enough facts for your question to be answered. Was the event deliberate or accidental? Was the driver drunk or sober? Was the driver under 21 years of age? Under 18? Under 16?

Provide this additional information in order to get an answer.

WARNING: I am...
Read more »

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1 Answer | Asked in Wrongful Death for Alabama on
Q: What reports are filed by the coroner and police when they respond to a death in a home?

My mother committed suicide in her home a year and a half ago. She struggled with bipolar disorder for years but her illness had become increasingly severe during the year leading up to her death. This was triggered by my father 'leaving her' although he remained involved in her life... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 8, 2017

You will not in most cases find anything useful one way or the other. They look at the liklihood it was or wasn't caused by intent. They felt it didn't but won't have gone through a lot of paper hoops that will get you anywhyere. Ask. See what you get. but you won't find anything.

1 Answer | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Q: If you sue someone on a wrongful death suit ,and there insurance company pays

Can you still file civil suit Or sue a facility he was being held at ,like a work release facility?

Peter N. Munsing
Peter N. Munsing answered on Feb 13, 2017

Chances are no for two reasons--the insurance company represented the parties that were doing wrong and also would have asked the administrator of the estate for a release before making any settlement payment. That release had a number of clauses. But I'm assuming you have a lawyer. Why not... Read more »

2 Answers | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Q: If someone is in work they are put on road crew and are hit by a car that is speeding what can

(He was on work release )Be done besides the drivers insurance company,is the facility held reliable and if you sue his insurance company can you still take him to civil court or go after the facility,after sueing,his ins.company he was a adoc inmate

Samuel G McKerall
Samuel G McKerall answered on Feb 12, 2017

This is not a criminal law question. Its a civil law litigation question.

Any time you are injured in any way you and your lawyer should sue every single person, firm, corporation or governmental entity that you and he or she can reasonably determine might be responsible. You do not sue...
Read more »

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1 Answer | Asked in Wrongful Death for Alabama on
Q: Can a sibling sue in a wrongful death When the husband kills his wife and then kills himself.

Has children. One together, and her by a previous marriage.

Peter N. Munsing
Peter N. Munsing answered on Jan 18, 2017

Not sure there'd be any purpose of suing given that the assets of the estate would be disgtributed in the same way, but as there may be other factors why not contact a member of the Alabama Ssn for Justice--they give free consultations.

1 Answer | Asked in Wrongful Death for Alabama on
Q: Can a lawyer change a distribution amount that was signed and filed in court with new fees?
Peter N. Munsing
Peter N. Munsing answered on Oct 17, 2016

Unlikely --depends on the circumstances and the fee agreement as well. If it's an issue it can be taken up with the bar association's fee dispute resolution committee.

1 Answer | Asked in Wrongful Death for Alabama on
Q: I need to open an estate for my deceased sister in order to file a law suit for wrongful death where do I go to do this?

There is a grace period of two years to open an estate and file a claim. The Lawyer that had her case did not act on her behalf,causing her case to reach the grace period but I am aware that the grace period applies to the deceased if cause of death is already demand, which her cause of death was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

Contact a member of the Alabama Trial Lawyers Assn as soon as possible. They give free consultations. If lawyer #1 did nothing may be a legal malpractice case.

1 Answer | Asked in Wrongful Death for Alabama on
Q: can a wrongful death case be reopened after 24 yrs?

My husband was killed by a drunk driver in 92. My lawyer mishandled the case...and I got nothing from the suite. The man was driving a company truck on the wrong side of the interstate hitting my husband head on with a blood alcohol level of 2.87. I was never included in any of the decisions of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2016

This long after it's too late to do anything. You might have had time after it went down to have a lawyer check the records. Why don't you go to the courthouse (what you should have done back in 92), look at the actual record. If you see it was "settled" or "plaintiff... Read more »

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