answered on Mar 9, 2022
In this instance, the at fault driver is responsible for the non-at fault driver's damages. The 19 year old (as opposed to a minor) is deemed to have capacity to be responsible for his actions.
If evidence is discovered 20 years after a wrongful death, can a civil case still be filed?
answered on Feb 24, 2022
In Alabama, by statute any wrongful death tort action must be filed no later than two (2) years from the date of death.
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 »
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.
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
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 »
answered on Nov 25, 2020
You’ll have to either sue or file a complaint with your local licensing board.
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 »
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 »
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
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 »
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 »
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.
Driver is over 60. Sober. Upstanding citizen. Victim is under the influence.
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.
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.
answered on Mar 22, 2018
Only the DA can bring criminal charges. You cannot. So maybe your brother's lawyer is OK.
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 »
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.
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.
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?
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.
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 »
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 »
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.
Can you still file civil suit Or sue a facility he was being held at ,like a work release facility?
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 »
(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
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 »
Has children. One together, and her by a previous marriage.
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.
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.
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