What Is A Wrongful Death Case In Alabama?
In the "olden days" if someone committed negligence and the victim died from the negligence, the negligent person walked away and could not be sued. The reason is that the victim's claim "died with him". This, fortunately, was changed so that if someone is killed as a result of another's negligence, a "wrongful death" claim can be brought against the wrongdoer.
In Alabama the estate of the victim must bring the claim and this is done by the personal representative of the estate. Normally this is the executor named by the will or the administrator if there is no will.
Alabama is unique among all other states in that only one type of damages is recoverable - punitive damages. Other states take into consideration the income of the victim, the impact on the victim's family, etc. But not our dear state - we only consider punitive damages. Here is where the oddness comes in:
We have tried cases under the laws of another state that allow the family to testify to their grief, their loss, etc. In our cases tried under Alabama law, none of that comes into evidence. The family can not testify as to the loss they have suffered. Instead, the entire focus is on the wrongful act of the negligent party and then damages are awarded to punish that negligent person and to discourage or deter others from doing the same type of wrongful conduct.
There are other aspects that come about in a wrongful death case such as if the victim files suit and then dies of the injuries. We will be happy to discuss with you any questions you might have about how Alabama wrongful death cases operate and what it means to you in your own unique situation.
