Wrongful death occurs when a person is killed as a result of the negligence or wanton act of another. Alabama’s wrongful death statute is different from every other state’s wrongful death action. Examples of wrongful death cases may include but are not limited to an: aviation accident, 18-wheeler accident, car accident, birth injury, construction site accident, defective product, medical malpractice, motorcycle accident, nursing home abuse or a slip and fall accident. Wrongful death lawsuits are filed on behalf of the members of the family who have lost the support and companionship of a loved one. Therefore, a child, wife or husband may be able to recover damages for both support and companionship.
In Alabama, the family of a loved one who is killed as a result of another person’s negligence is only entitled to punitive damages, not compensatory damages. In other words, if a forty-year-old husband and father of two is killed in an automobile accident in Alabama, his family cannot ask a jury to award damages for his future income which they could have expected had he lived another thirty-five years.
However, a parent who has lost a child may only be entitled to damages for loss of companionship, not support. The executor or administrator of the estate of the deceased, or by individual beneficiaries (family members) may file a wrongful death lawsuit.
They can only ask the jury to punish the person who was at fault. There are other intricacies involved in pursuing wrongful death actions such as the actual process for filing the lawsuit in Alabama. These various details make it imperative that you consult an attorney experienced in wrongful death cases in Alabama before attempting to handle such a case yourself.
To determine if you are eligible in any category to file a wrongful death claim, it is important to have a knowledgeable attorney on your side. By hiring an Alabama wrongful death attorney, you can be assured that we will take care of all the paperwork, research, and answer all of your questions. If a loved one has suffered a wrongful, please schedule a free consultation and case evaluation by calling Lewis, Feldman & Lehane, LLC locally at 205-254-3927, toll free at 888-295-7409 or completing our contact form. We’re the Alabama truck accident attorneys who can help you receive the justice you deserve.