Wrongful Death
Alabama Wrongful Death Law
Alabama's Wrongful Death Statute Is One of a Kind
Alabama's wrongful death law is unique and is the only wrongful death statute in the entire country that does not compensate families for their personal loss, but instead focuses solely on punishing the wrongdoer for the conduct that caused the death, under Alabama Code § 6-5-410 as interpreted by Alabama's appellate courts. In these cases, the jury's attention is directed to how wrongful, reckless, or wanton the defendant's behavior was—not to the financial needs of the survivors or the decedent's contributions to the community.
For families left behind, this can feel confusing and even unfair, because the law does not award traditional damages for grief, lost support, or companionship, even though those losses are very real. Instead, any award is strictly punitive in nature, meant to punish the wrongdoer and deter similar conduct in the future, making Alabama's wrongful death system high stakes and highly fact driven.
Why You Need an Experienced Wrongful Death Attorney
Because of this distinctive punitive-only structure, having a knowledgeable wrongful death lawyer is essential when pursuing an Alabama wrongful death claim. Baskin Legal can help navigate Alabama's wrongful death laws, develop evidence proving the degree of wrongdoing, and protect your family's interests in a system that does not operate like other states' compensatory wrongful death schemes. Baskin Legal has the experience, know-how, and grit necessary to represent families in these challenging cases and to hold wrongdoers fully accountable under Alabama's unique wrongful death statute.
Florida Wrongful Death Law
Florida's wrongful death law allows surviving family members to recover for the loss of a loved one, but it also imposes strict rules about who may bring a claim, how it must be filed, and when it must be filed.
Who Can Pursue the Claim
Under Florida's Wrongful Death Act, the lawsuit is brought by the decedent's court-appointed personal representative, not by individual family members filing separate cases. The personal representative files a single action on behalf of all "survivors" and the estate, which may include the spouse, children, parents, and certain other dependent relatives as defined in sections 768.18–768.21, Florida Statutes.
Two-Year Time Limit
In most Florida wrongful death cases, a two-year statute of limitations applies, measured from the date of death. If the family waits too long and the deadline passes, the claim can be forever barred, making early consultation with counsel essential.
Need for an Estate / Personal Representative
Because the action must be filed in the name of the personal representative under section 768.20, Florida Statutes, it is usually necessary to open a probate estate so the court can appoint someone to act for the survivors and the estate. That personal representative is then responsible for pursuing the wrongful death case and ensuring that any recovery is distributed according to Florida's statutory scheme in section 768.21.
Contact Baskin Legal
Baskin Legal has the experience, know-how, and grit necessary to represent families whose loved one has been wrongfully killed as a result of carelessness. If your family has suffered a wrongful death in Florida, contact Baskin Legal today to discuss your options and protect your rights under Florida's Wrongful Death Act.
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