The Peculiarities Of Alabama Wrongful Death Law
Wrongful death occurs when a person loses their life due to another person’s “wrongful act, negligence, or omission” – that is, if not for the negligent behavior of the defendant, the deceased person would still be alive. It is a civil tort, brought by the personal representative of the decedent’s estate (though usually on behalf of the deceased person’s surviving family members). However, Alabama’s law on the subject has certain details not found in other states.
It is important to understand the nature of the statute going forward, and a Birmingham wrongful death attorney from Goldasich, Vick & Fulk can help to answer any questions you may have about the legal process as you seek to recover damages. We are ready to try and assist you and your family.
In Civil, Not Criminal, Court
One of the most important things to keep in mind is that a wrongful death lawsuit is filed in civil court, and has nothing to do with any potential criminal charges against the person who allegedly caused the decedent’s passing. Indeed, if a person is found not guilty in criminal court, it is not uncommon for the bereaved family to file suit in civil court, which has a lower burden of proof to meet and does not trigger Fifth Amendment double jeopardy.
In addition, it is important to keep in mind that while a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, it is intended, at least in Alabama, to primarily benefit the decedent’s surviving family. In other states, the personal representative can file suit directly on behalf of the estate for expenses like medical bills and funeral costs, and then file on behalf of the family for less quantifiable damages. In Alabama, however, the procedures are different.
Punitive Damages Only
The major difference between Alabama’s system and those used in other states is that in Alabama, no compensatory damages are available – only punitive damages. Compensatory damages, also referred to as quantitative or tangible damages, are intended to compensate a person or family for the harm they have suffered. Punitive damages, by comparison, are intended solely to punish a wrongdoer. Alabama’s legislature has made it a priority to punish wrongdoers first and foremost.
What this means is that unlike in other states, an Alabama jury who has agreed that a defendant should be liable for a person’s wrongful death cannot take factors like the decedent’s salary or other ‘value’ of their life into account – only the degree of wrongdoing committed and the situation of the defendant (so as to determine a fair but harsh punishment). There are far fewer opportunities for the family of the deceased to have input into the jury’s ultimate decision, which can be extremely disconcerting for those who live outside the state of Alabama.
We Are Here To Help During This Difficult Time
Losing someone unexpectedly can feel like a slap in the face, and knowing that it only occurred due to another person’s negligence can make it worse. If you have lost a loved one in a ‘wrongful’ manner, our Birmingham wrongful death attorneys from Goldasich, Vick & Fulk can offer compassionate and dedicated representation to you and yours during this tragedy. You do not have to go through the legal process alone. Contact our office today at (205) 731-2566 to schedule an initial consultation.
