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How A Wrongful Death Case Is Different In Alabama

July 25, 2020

How A Wrongful Death Case Is Different In Alabama

How A Wrongful Death Case Is Different In Alabama
There was a time when the law did not allow surviving family members to recover compensation if they lost someone in an accident or because of someone else’s intentional act. This situation created the paradoxical result that a negligent party could be liable if their negligence caused injuries, but not if it caused a fatal accident. To remedy this, states started to pass wrongful death statutes that allowed family members or other dependents to file claims to recover for certain damages, and these laws vary significantly from state to state.

Alabama’s Wrongful Death Statute

Alabama’s wrongful death statute allows the estate of the decedent to bring an action if their loved one passed away because of someone else’s “wrongful act, omission, or negligence.” The law indicates that the estate of the decedent can bring a claim if the decedent would have been able to bring a personal injury claim against had he or she survived.

Wrongful death cases can arise from a wide variety of incidents, including:

●    Car accidents
●    Bicycle accidents
●    Mass transit accidents
●    Motorcycle accidents
●    Medical malpractice
●    Violent assaults
●    Incidents related to inadequate security

Who Can File a Wrongful Death Claim in Alabama?

In many states, the surviving family members of the person who passed away can file a wrongful death lawsuit to recover compensation for their losses. This is not the case in Alabama. In our state, only the personal representative of the decedent’s estate can file a wrongful death claim, and any damages recovered go directly to the estate, not the surviving family members of the decedent.

Only Punitive Damages are Available

Most states allow the plaintiff to seek compensatory damages in wrongful death actions. Compensatory damages are those that intended to compensate the plaintiff for his or her losses. In wrongful death actions, these compensatory damages often involve medical expenses, funeral expenses, lost income, lost affection and guidance, and others.

In Alabama, the plaintiff in a wrongful death lawsuit can only seek punitive damages, which are intended to punish the defendant for his or her conduct and to deter the defendant and others from engaging in similar conduct in the future.

Surviving Family Members Will Still Obtain Compensation through the Estate

As a surviving family member of a person who passed away because of someone else’s wrongful conduct, it’s important to remember that you may still obtain compensation through your loved one’s estate. If he or she left a will or a trust, that will help determine how the proceeds from a successful wrongful death claim will be distributed. If he or she did not, the settlement or award will be distributed according to Alabama’s laws on intestate succession.

Call Us Today to Speak with a Wrongful Death Attorney in Montgomery

If you have lost a loved one in an accident or due to someone else’s wrongful act, you should speak to an attorney as soon as you can. Attorney Terry Luck understands how difficult it is to lose a family member due to someone else’s conduct and does everything he can to help grieving families obtain justice. To schedule a consultation with Mr. Luck, call our office today at 334-262-5455 or contact us online.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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