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Alabama Wrongful Death Questions & Answers
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...
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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 until the very... 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 ask... 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...
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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 verdict" then your lawyer may... Read more »

1 Answer | Asked in Probate and Wrongful Death for Alabama on
Q: my granddaugther father won lawsuit somewhere in texas he was kill before receiving anything we live in alabama what

way can we find out who was the lawyer

Peter N. Munsing
Peter N. Munsing answered on Jun 23, 2016

Do a docket search for the case; also there would now be an estate set up perhaps.You may have to go there to find out.

1 Answer | Asked in Wrongful Death for Alabama on
Q: Is loss of child the same as wrongfull death? How long after the death can a case be filed?

If they lived in Alabama and died in a hospital in Tennessee due to the wrongful death what state would a case be in?

Adam Studnicki
Adam Studnicki answered on Dec 28, 2015

All civil cases have deadlines. Best to talk to a lawyer asap.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Wrongful Death for Alabama on
Q: Can I file a wrongfull death suit against my son in law? He "accidentally" shot and killed my dsughter

We live in Alabama she died in the hospital in tenneseee

Adam Studnicki
Adam Studnicki answered on Sep 5, 2015

Sorry to hear that. Talk to a local injury lawyer about your options. You may very well have a claim, although collectability can be an issue in cases like this.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Wrongful Death for Alabama on
Q: Is an estate required on a wrongful death settlement in Alabama?
Adam Studnicki
Adam Studnicki answered on Jul 21, 2015

In AZ, those are two separate things if there are surviving statutory beneficiaries. Talk to an Alabama injury lawyer ASAP to see how it works in Alabama.

1 Answer | Asked in Wrongful Death for Alabama on
Q: My son was showing obvious signs of alcohol positioning and no one called for help. He was found dead the next morning

At the friends house. From accounts of the night he was unconscious, vomiting and having respiratory systems. He was left on the couch to "sleep it off" He was 23. Is anyone liable or held accountable for doing nothing ?

Adam Studnicki
Adam Studnicki answered on Jul 21, 2015

Talk to a local injury lawyer ASAP to determine if actionable negligence was involved.

1 Answer | Asked in Wrongful Death for Alabama on
Q: Can an 18 year old retain an attoney in Alabama?
Terrence Rubino
Terrence Rubino answered on Nov 15, 2011

yes. if it is for a wrongful death case that happened in alabama you need to conatact an alabama lawyer. i have worked on cases with charlie crowder and lea watson and they are two of the finest lawyers i have had the priviledge of knowing. good luck and roll tide!

1 Answer | Asked in Wrongful Death for Alabama on
Q: How can my husband be named in a lawsuit against the company he works for over and accidental death?

My husband was the plant manager with a company in Alabama. A security guard (not an employee of the same company) walked in front of a moving vehicle and was severely injured and died on route to the hospital. The deceased's daughter has filed suit. I was told that in Alabama, someone has to be... Read more »

Terrence Rubino
Terrence Rubino answered on Nov 8, 2011

stop fretting! it sounds like the company and your husband, as its employee/agent, are being sued in civil court for money damages. the company and or its insurance compnay will be responsible for any monetary damages. it doesn't even remotely sound like a crimianl case which is a different animal... Read more »

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