When there is evidence that another party is at-fault for your loved one’s death, the personal representative of your relative’s estate may file the wrongful death claim. Family members are not entitled to file wrongful death lawsuits. While a personal representative may be a relative of the decedent, they will file the claim in their official capacity with the estate, not as a loved one.
A wrongful death suit must be filed within two years of your loved one’s passing. However, it is best to speak with a Birmingham wrongful death attorney about this option as soon as possible. It takes time to investigate a potential wrongful death claim, and waiting months or over a year to speak with an attorney could cause issues for you and your family. Waiting too long could also lead to important evidence being lost and people’s memories of the event deteriorating.