What Is A Wrongful Death Estate Claim

7 Jul 2022 · 1 min

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In this brief informational video, the speaker explains that when a family member dies due to another party’s negligence or wrongful conduct, the deceased’s estate can file a wrongful death claim. He notes that wrongful‑death law differs dramatically across states: some allow compensatory damages for lost income and other losses, while many also permit punitive damages. Alabama is highlighted as a state where only punitive damages are available and any award bypasses the estate, meaning it isn’t subject to estate debts. The speaker describes who typically acts as the estate’s representative—usually a family member or the executor appointed by the probate court—to pursue the lawsuit. He emphasizes that award treatment varies by jurisdiction, with some states allowing awards to pass outside the estate. Finally, he offers his extensive experience handling wrongful‑death cases nationwide and invites viewers to contact him for assistance.

Chapters

If someone in your family dies as a result of the negligence or the wrongful conduct of someone else, then their estate may have a wrongful death claim. Wrongful death law varies widely from state to state. In some states, you have a claim for lost income and other types of compensatory claims. In many states, you can also file claims for punitive damages. Alabama, for instance, the only claim you have is for punitive damages and is related strictly to the wrongful conduct of the defendant. Someone from the family or the executor of the will is typically the one who is chosen by the probate court to be the representative for the estate to handle the lawsuit. In some states, the awards do not pass through the estate, so therefore they are not subject to the debts of the estate. For instance, in Alabama, any award for wrongful death passes outside the estate. I've handled wrongful death cases in just about every state in the country. If someone in your family has died as a result of wrongful conduct of someone else, you can contact me and I'll lead you through the steps to pursue this type of a case.