If you are coping with the tragic loss of a loved one, it will be important for you to speak with a Birmingham wrongful death lawyer about your family’s legal rights. Grieving families have clear legal rights under Alabama law, and they can file wrongful death claims in a wide range of circumstances.
If your family has a wrongful death claim, you can rely on your family’s lawyer to handle the process for you. Your lawyer can explain everything you need to know and then fight to recover the damages your family deserves while you focus on spending time with your loved ones. Hiring a Birmingham wrongful death lawyer costs nothing out of pocket, and your family’s legal fees (if any) will be calculated as a percentage of the damages your family recovers.
When Is a Death Considered “Wrongful” in Alabama?
Under Alabama law, filing a claim after a fatal accident requires proof that the victim’s death was “wrongful.” A death is considered wrongful when it results from either: (i) someone else’s (or a company’s) negligence; or (ii) a product defect.
From distracted driving and drunk driving to maintaining hazardous premises, negligence can take many forms. When you hire a Birmingham wrongful death lawyer, your family’s lawyer will conduct a thorough investigation to determine whether a claim for negligence is warranted. Your family’s lawyer will determine whether your family has a wrongful death claim based on a product defect as well.
Some examples of types of fatal accidents that may warrant wrongful death claims include:
- Car, pickup truck, and SUV accidents (including Uber and Lyft accidents)
- Commercial truck accidents (including dump truck, cement truck, and 18-wheeler accidents)
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Falls from height, electrocutions, and other fatal premises-related accidents
- Heavy equipment and machinery accidents
- Accidents involving all types of product failures
Again, these are just examples. If you have lost a loved one in any type of fatal accident, it will be worth talking to a Birmingham wrongful death lawyer about your family’s legal rights.
What Damages Can Families Recover in Alabama Wrongful Death Cases?
Alabama law is unique when it comes to the damages that families can recover in wrongful death cases. In personal injury cases (and in wrongful death cases in most other states), victims and their families can recover compensatory damages for their out-of-pocket expenses, loss of income, emotional trauma, and other financial and non-financial losses.
However, in Alabama wrongful death cases, only punitive damages are available. Punitive damages are not intended to compensate family members for the untimely loss of their loved one, but instead to punish the at-fault party.
The reason for this is that Alabama law considers all lives to be equally valuable and sacred. Thus, when someone loses their life in a fatal accident, their earnings and family circumstances are irrelevant to determining their loved ones’ legal rights. Instead, the law focuses on punishing the wrongdoer—and this means that determining how much a family is entitled to recover involves examining factors such as:
The Severity of the At-Fault Party’s Wrongdoing
Generally speaking, the more severe the at-fault party’s wrongdoing, the more the victim’s family will be entitled to recover. For example, cases involving intoxication and intentional conduct will generally warrant larger punitive damages awards in Alabama wrongful death cases.
The At-Fault Party’s Ability to Pay
The courts will also generally consider the at-fault party’s ability to pay. If an at-fault party has significant financial resources (i.e., in the case of a fatal accident caused by a large manufacturer or retailer), a larger punitive damages award may be necessary to impose adequate punishment.
The Amount Necessary to Deter Similar Wrongdoing in the Future
The courts will also generally consider what amount of liability is necessary to deter similar wrongdoing in the future. By holding at-fault parties duly accountable for the loss of human life, wrongful death cases can help protect other lives in the future.
While Alabama law only allows for the recovery of punitive damages in wrongful death cases, there is no cap on the punitive damages that families can recover. Additionally, while punitive damages may be intended as punishment for the at-fault party rather than compensation for the victim’s family, family members who receive damages through a wrongful death lawsuit can use these funds in any way they wish. Thus, while the damages you receive (if your family’s case is successful) may not be specifically labeled as damages for your out-of-pocket costs or the other financial or emotional consequences of losing your loved one, you can use these damages to cover your bills and other costs as necessary.
Who Can File a Wrongful Death Claim in Alabama?
Under Alabama law, only the individual who has been named as the victim’s personal representative is eligible to file a wrongful death lawsuit. If the victim left a will, the will should name a personal representative. If the victim did not leave a will, a personal representative will need to be appointed in court. Your family’s Birmingham wrongful death lawyer will be able to assist with identifying your loved one’s personal representative and then work with this individual to take legal action as warranted.
However, while only the victim’s personal representative is eligible to file a wrongful death lawsuit, if the lawsuit is successful, the punitive damages awarded will be distributed to eligible surviving family members. Eligible family members are determined by Alabama law, regardless of whether the victim left a will.
Schedule a Free Consultation with a Birmingham Wrongful Death Lawyer Today
Do you need to know more about filing a wrongful death claim after a fatal accident in Alabama? If so, contact us today. Call 205-855-2745 or send us a message online to schedule a free consultation with an experienced Birmingham wrongful death lawyer as soon as possible.