How Do I Know If I Have a Wrongful Death Case in Alabama?

When a person dies as the result of another person or organization’s negligent actions, it may be considered a wrongful death. These tragic events can have a lasting impact on loved ones, who have the right to bring a case for damages against the responsible party.

Whether the death resulted from intentional or negligent behavior, was the result of a workplace injury, auto accident, defective product, or medical malpractice, families and loved ones must pick up the pieces and move forward, which can be a challenge. The damages from a successful wrongful death case can help, but these Alabama cases can be very complex. Here is what you need to know about wrongful death cases in Alabama and how experienced Montgomery wrongful death attorney Chip Nix can help.

What is “Wrongful Death” in Alabama?

According to Alabama law (Section 6-5-410), wrongful death is defined as a death that is caused by the wrongful negligence, act, or omission of another party. It doesn’t matter whether there are criminal charges related to the death. A wrongful death lawsuit can still be brought in civil court. The state of Alabama varies from almost all other U.S. states in its treatment of wrongful death cases in several ways. Not only are the rules about who can file a wrongful death claim unique, but so are the types of damages that can be awarded.

In Alabama, How Do I Know If I Have a Wrongful Death Claim?

You would think that a close family member or next of kin could automatically initiate a wrongful death case. In Alabama, this isn’t necessarily true. In most cases, the deceased person’s estate representative must file a wrongful death suit. When there is no will present, the law designates the spouse as the personal representative and then any heirs. If a wrongful death award is given, all damages are paid into the estate, which are then distributed directly to the estate’s heirs. When damages are paid, they cannot be used to settle debts of the estate nor are they taxed.

If someone is killed on the job in Alabama, Alabama Workers’ Compensation laws will control who can file a wrongful death lawsuit. If your loved one lost their life at work, due to the willful neglect of another party, it is extremely important that you contact an experienced Alabama personal injury and workers’ compensation attorney to help you sort through the very complicated process of filing a wrongful death claim.

Possible Damages in Alabama Wrongful Death Suits

In Alabama, the only types of damages a wrongful death matter will award are wrongful death damages awarded on a punitive basis. These are damages that are meant to punish the wrongdoer or deter future accidents of the same type. This is unique to Alabama, as all other states in the United States will allow for filing a claim for compensatory damages. Wrongful death damages awarded on a punitive basis can amount to between $500,000 and $10,000,000 depending on the case.

Compensatory damages provide for a monetary award to replace what was lost, and nothing more. An example: If a person driving drunk slams into and kills and 32-year-old father of two that makes $65,000 a year, most states will allow you to ask for damages to replace that lifetime of lost income, recover medical expenses, and pay for mental anguish.

In Alabama, you cannot be awarded compensatory damages. You can only request that the impaired driver be punished with punitive damages, which is a more difficult legal challenge. Some defense attorneys will argue that the driver will have to live with this mistake for the rest of their life, which should be punishment enough. These difficult Alabama wrongful death cases require experienced legal counsel that can effectively argue your case.

Other Important Considerations for a Wrongful Death Lawsuit

It’s important to understand that you don’t have an unlimited period of time to file a wrongful death claim in Alabama. The statute of limitations to file a lawsuit is two years from the date of death. There is one caveat to collecting damages in a wrongful death case. If a person is injured in an accident and doesn’t die immediately, you may be able to collect compensatory damages if you file a lawsuit right away. This could entitle you to those damages while a loved one was still alive. Once they pass away and you file a lawsuit for wrongful death, you will be limited to punitive damages only. Because wrongful death claims are complicated and have time limits, it is extremely important to contact an experienced Alabama wrongful death attorney.

The unexpected death of a loved one is a tragic event and one that is emotionally and financially stressful for those left behind. The office of Chip Nix, Attorney at Law, has helped Alabama families for over 40 years with difficult personal injury and death cases. Call Chip Nix, Attorney at Law, at 334-279-7770 or contact us online to schedule a free initial consultation to discuss your case.