Understanding Alabama’s Unusual Wrongful Death Damages

Alabama handles wrongful death claims differently from every other American state. A wrongful death case is similar to a personal injury claim, but it is brought by family members when a loved one dies. Wrongful death claims can be brought for all types of accidents (car accidents, truck accidents, construction accidents, premises liability accidents, and deaths due to product defects) in Alabama and the other US states.

Who can file a wrongful death claim in Alabama?

Alabama’s wrongful death law provides that the personal representative of the decedent’s estate files the wrongful death claim. The personal representative is the person that the decedent appoints to handle their estate in their will (an executor) or the person the local court approves to handle the estate (an administrator). In some other states, a specific person, such as a spouse, can file a wrongful death claim without a formal appointment as the personal representative.

The personal representative can file a wrongful death claim if the decedent could have filed their own personal injury action if the accident had not been fatal. There is no requirement that criminal charges be filed against the wrongdoers (individuals or businesses) nor that there be a conviction. Please know that if criminal charges are filed, such as drunk driving charges, we will coordinate the civil wrongful death claim with the criminal case. Often, the evidence in the criminal case, such as the results of a breathalyzer test, can be used in the wrongful death case.

The wrongful death case can be filed only in the county where the decedent (had he/she lived) could have filed the personal injury case.

The time limit for filing a wrongful death claim is within two years from the date your loved one died. This date is often the date of the accident but may be after the date of the accident – such as when a drunk driving victim dies days or weeks after the car accident. Don’t wait. Please contact us immediately. Our Huntsville wrongful death lawyers advise personal representatives on all aspects of their claims.

Damages in Alabama wrongful death cases

The funds are distributed according to the intestate laws of Alabama. In other states, the state may allow the distribution to follow the terms of the decedent’s will or specific state laws other than the state’s intestate laws. The funds “are not subject to the payment of the debts or liabilities of the testator or intestate.”

How do other states award wrongful death damages?

In other US states, wrongful death damages compensate the family members for their compensatory damages. These damages generally include the following:

• The funeral and burial expenses.
• The loss of financial support your loved one would have provided. This amount is normally based on the earning level of your loved one, their life expectancy, their business financial statements if they own a business, and other sources of income.
• The loss of the personal support your loved one would have provided. This amount generally includes the loss of love, guidance, support, and education your loved one would have shared with each family member.
• The value of the decedent’s personal services. This amount includes how much it would cost to hire someone to do the chores and tasks your loved one provided, such as mowing the lawn, cooking meals, and other services.

Some states also allow each family member to receive compensation for their individual pain and suffering due to their loved one’s death.

How does Alabama award wrongful death damages?

Alabama does not award any of the compensatory damages discussed above. Instead, Alabama awards punitive damages for the wrongful death of a family member. The purpose of punitive damages is not to compensate the family members. The purpose of punitive damages is to punish the wrongdoer, such as a driver, a property owner, or a manufacturer, for their wrongful conduct and deter them, and others similarly situated (i.e. other drivers, property owners, or manufacturers), from the same kind of wrongful conduct in the future.

Unlike other states, where compensatory damages are awarded for negligence, Alabama’s wrongful death law permits only punitive damages — even if the defendant was merely negligent. However, the amount awarded is often influenced by how egregious the defendant’s conduct was.

For instance, the dangers of drunk driving are so well known that any driver who gets into a car while intoxicated is negligent, and possibly also reckless. Drunk drivers have poor judgment and poor reaction times. A case involving a drunk driver would be likely to result in damages, but even conduct that appears less extreme — such as simple negligence — may support a wrongful death claim under Alabama law.

For instance, speeding alone can be negligent, and the faster a driver goes, the more likely the driver’s conduct will be judged reckless. Driving with known defects in your car, like using bald tires, could be negligent, or even reckless.

Property owners who know of dangerous property defects, such as wet surfaces or broken railings may be judged negligent if they fail to correct these defects or warn their customers. Manufacturers are generally strictly liable for product defects.

Alabama does have caps on punitive damages in personal injury cases, but those caps do not apply to wrongful death actions. The state does however apply contributory negligence law for personal injury claims, which means if plaintiffs are  at fault, they cannot receive a damage award. So, in wrongful death cases in Alabama, the fault of the decedent in causing the fatal accident may prevent the personal representative from receiving a damage award.  A lawyer who is well experienced in handling Alabama wrongful death cases can help a personal representative navigate the unique aspects of Alabama’s wrongful death act.

If a parent, child, spouse, or sibling died in an accident, you may be entitled to wrongful death damages. Call us or fill out our contact form to schedule a free initial consultation. We can fight for all the compensation your family deserves. We have offices in Huntsville and Decatur.