Why File a Wrongful Death Suit
Under Alabama law, a wrongful death is any fatality that is caused by an intentional tort, omission, or negligence. If a loved one is killed in one of these ways, the estate can pursue a claim similar to a personal injury claim to recover damages for the loss of the family’s loved one.
Reasons to File a Wrongful Death Lawsuit
Many families decide to pursue a wrongful death claim because it is the only way they can seek justice for their loved one. Many wrongful death cases do not involve criminal acts, so the family is only left with the prospect of a civil claim to be able to hold the person responsible for the death.
Another reason to file a wrongful death lawsuit is to protect the family’s financial recovery. If a loved one is taken early from this world, the family may be able to recover compensation they can use for outstanding medical bills and funeral costs brought on by the events. This compensation may also be able to make up for some of the lost income the family will suffer because of the death
Damages You Can Claim
Most states allow families to recover damages for the financial and emotional costs of losing their loved one after a wrongful death. These damages often cover medical expenses related to the injury, funeral costs, lost income, lost services, loss of consortium, loss of services, and other damages intended to compensate for the untimely death.
However, Alabama handles wrongful death damages much differently. Here, courts can only award punitive damages in wrongful death cases. Punitive damages are intended to punish a wrongdoer for their actions and to deter similar conduct from others. This approach is unique because here, the focus is on the defendant’s behavior rather than on the economic and personal loss the family suffers.
Alabama does not cap the amount of punitive damages that can be awarded, unlike other states. The court will consider the gravity of the defendant’s conduct when making an award.
Because these claims involve unique legal issues, you may want the help from an experienced wrongful death claim. The wrongful death attorneys at Serious Injury Law Group can evaluate your situation and explain whether a wrongful death claim may be right for you.
Contact Our Wrongful Death Law Firm for Help with Your Claim
The wrongful death attorneys at Serious Injury Law Group understand how difficult it can be to lose a loved one. We work closely with personal injury victims and their families. We want you to fully understand your legal options after losing a loved one. If a wrongful death claim is right for you, we will aggressively advocate for you. Contact us today to learn more about your rights during this difficult time.
Chuck James is a Mobile, AL, native who graduated from the University of Alabama. Chuck has been practicing law since early 2000. Contact Chuck James today for help with your personal injury case. Free consultations. Locations in Birmingham and Montgomery.