In Alabama, the law defines a “wrongful death” as any death caused by an intentional tort, omission, or negligence. Alabama does not allow relatives of the deceased person to file these claims. The law does allow for the personal representative of the deceased’s estate to file the lawsuit. In Alabama, unlike other states, only the personal representative of the estate may recover damages for a wrongful death.
Some wrongful death claims arise from criminal acts. However, Alabama law allows wrongful death lawsuits without criminal charges filed against a defendant.
COMPENSATION FOR ALABAMA WRONGFUL DEATH CLAIMS
In Alabama, the defendant’s wrongful conduct is the focus of the wrongful death claim. The serves the purpose of punishing the defendant and, hopefully, deterring similar behavior in the future. Alabama allows for punitive damages from these claims but does not permit compensatory damages. This means that the damages do not cover medical expenses, funeral and/or burial costs, or pain and suffering. In Alabama, a successful wrongful death action will lead to punitive damages.
If you, or someone you know, has lost a loved one due to someone else’s actions allow us to help you navigate these complex claims. We will work aggressively to get you the compensation you deserve.