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In most cases, the Alabama wrongful death statute of limitations allows you only two years from the date of the victim's death to take legal action in a wrongful death claim. If a legal claim is not filed within this period, you could lose your right to pursue legal action and recover compensation.
The settlement amount you receive in a wrongful death claim remains untaxable, ing to the Internal Revenue Service (IRS) in IRS Rule 1.104-1. The IRS makes the wrongful death settlement non-taxable because it classifies as part of a claim that resulted from personal injuries or physical illness.
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
In Alabama, punitive damages are governed by law. Alabama Code Section 6-11-20 provides that punitive damages may be awarded in wrongful death cases and tort actions when there is clear evidence that the defendant intentionally acted with ?oppression, fraud, wantonness, or malice.?
In most cases, the Alabama wrongful death statute of limitations allows you only two years from the date of the victim's death to take legal action in a wrongful death claim. If a legal claim is not filed within this period, you could lose your right to pursue legal action and recover compensation.
Alabama does not award compensatory damages in wrongful death cases. Instead, it allows for the award of punitive damages. Punitive damages are designed to punish individuals or companies who engaged in wrongdoing, causing the needless death of someone.
Some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death suit, but Alabama has no such limit. Get more details on damages that might be available in a wrongful death case.
The highest wrongful death settlement was $160 million.