Damages in Birmingham Wrongful Death Cases

Although most states allow for recovery of medical bills, lost present and future income, loss of companionship, pain and suffering, and other types of damages in wrongful death cases, Alabama does not. Alabama’s Wrongful Death Act precludes many types of damages in wrongful death cases that are initiated after your loved one’s death. Damages in Birmingham wrongful death cases only allow for the imposition of punitive damages against the defendant. Punitive damages are a means of punishing the defendant for his or her wrongful actions, as well as  discouraging the same egregious behavior in the future.

In other states, a wrongful death lawyer must prove that the defendant's conduct was intentional, malicious, or egregious in order to prevail. In Alabama, however, punitive damages may be awarded for simple negligence in wrongful death cases. In addition, there is no monetary cap on the amount of punitive damages that may be awarded in wrongful death cases. Damages are generally calculated based on historical awards in like cases.

In Alabama, the representative of the decedent’s estate must bring suit for wrongful death. However, more than one family member may be a beneficiary to an award amount. So, how are damages distributed among the beneficiaries? Under Alabama law, the amount recovered is distributed based on the proportion of damages each family member sustained. Therefore, instead of becoming an asset of the decedent’s estate, the damages awarded are distributed to the beneficiaries of the estate in proportion to the damages suffered by each particular beneficiary.

In all matters involving Birmingham wrongful death, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been the victim of wrongful death, call the Birmingham wrongful death lawyers at The Walker Law Firm now at (877) 925-5373 or SUBMIT A FREE CASE EVALUATION. The initial consultation is free of charge, and if our Birmingham wrongful death attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Birmingham wrongful death lawsuit must be filed before the statute of limitations expires.