Even though nothing can turn back time after a death, you can take some crucial steps as a family member of the deceased to get a sense of closure and justice for your loss caused by a negligent party. This is where it is important to understand Alabama’s wrongful death laws.
Alabama’s wrongful death laws provide a legal avenue for families to seek justice and compensation. This legal framework is designed to hold wrongdoers accountable, deter future negligence, and provide some measure of solace and financial stability to the bereaved families. Read on to learn more about the law and how an experienced wrongful death lawyer can assist you in these difficult times.
If your loved one passed away due to someone else’s negligence, contact Collins Law to discuss your legal options.
How Alabama Wrongful Death Law Protects Families
Alabama’s wrongful death laws have unique characteristics, such as:
Punitive Approach Rather Than Compensatory
Alabama’s wrongful death statute is distinct from other states. Its primary purpose is punitive rather than compensatory, which means the law aims to punish the wrongdoer rather than merely compensate the family for their loss.
So, unlike compensatory damages, which cover losses like hospital bills and lost income, punitive damages aim to punish the wrongdoer and ensure they don’t engage in such future misconduct. The amount awarded to the deceased family is based on the severity of the defendant’s negligence and misconduct, not the actual losses suffered.
Courts consider factors like:
- The seriousness of the wrongdoing
- The defendant’s financial status
- The need for deterrence
Simply stated, damages awarded in Alabama wrongful death cases are exclusively punitive. They focus on the severity of the wrongful act and the need to deter similar conduct in the future. Moreover, the punitive damages awarded can cover funeral expenses, medical bills incurred before death, and other costs.
No Damage Caps
Alabama’s wrongful death law does not impose caps on damages. Unlike other states that limit non-economic or punitive awards, Alabama allows for potentially substantial punitive damages, ensuring families can seek justice without facing legal limits on compensation.
Who Is Eligible to File a Claim?
In Alabama, only the executor of the deceased’s estate can file a wrongful death compensation claim. This executor/representative is mentioned in the will of the deceased or appointed by the probate court. The claim must prove the defendant owed the responsibility but breached their duty of care, directly causing the death.
This is where legal representation from an experienced wrongful death lawyer can be beneficial. Attorney April Collins can assist by navigating complex legal procedures, gathering evidence to support the claim, and negotiating with insurance companies or opposing parties.
Other benefits of working with an attorney include:
- Strategic guidance
- Ensure deadlines are met
- Advocate for fair compensation in wrongful death cases
- Offer legal knowledge crucial for legal success
Contact an Alabama Wrongful Death Lawyer at Collins Law
For more information about Alabama wrongful death laws or to schedule a case consultation, contact our law firm. Let us evaluate your case and help you determine your legal options. At Collins Law, we fight relentlessly to get you a favorable outcome and ensure justice is served.