How Wrongful Death Claims Work In Alabama
According tohttps://help-lawyer.com/alabama/birmingham/personal-injury/henry-c-dailey-law-firm-pc, a wrongful death lawsuit centers on the death of a person that is caused by the negligence, omission, or wrongful act of another person, entity, or company. In a situation such as this, the estate of the deceased may file a wrongful death lawsuit against the guilty party. The statute creates a useful way of thinking about a wrongful death lawsuit by comparing it to a personal injury claim, whereby the injured person would have sought compensation had they survived.
However, since the deceased person cannot step in and claim compensation, the estate of the deceased has to do so on their behalf. In a case such as this, any losses incurred as a result of the negligent act of the liable party must be paid back to the deceased’s estate.
Breakdown of Wrongful Death Cases in AL
Alabama does not permit the family of the deceased to open a wrongful death case either on their own behalf or on behalf of the deceased, unlike other states. Only the deceased person’s estate can file a wrongful death lawsuit on behalf of the deceased, often with the help of a AL, and all damages in a wrongful death lawsuit are paid to the estate.
Damages in wrongful death cases are also handled much differently in the state of Alabama. While many other states allow for compensation that covers the cost of medical bills, funeral expenses, and other losses resulting from the wrongful death, in Alabama, you are only allowed to claim for punitive damages. What this basically means is that while the loss of the deceased person’s life and other related damages are focused on in other states, in Alabama, the wrongful death law focuses more on the wrongdoing of the guilty party.
Ultimately, Alabama’s wrongful death law is meant to punish the guilty or negligent party and deter future negligence. Also, any compensation awarded is paid directly to the estate of the deceased. A wrongful death lawsuit can only be brought if the deceased passed away in the state of Alabama. If the person passed away in another state, then that state’s law will apply in the resulting wrongful death case. If you’d like to find out more about how to file a wrongful death lawsuit and exactly who has the authority to do so, you should get in touch with an experienced wrongful death attorney today.