Explaining the Unique Laws Around Alabama's Wrongful Death Claims

Coping with the loss of a loved one is traumatic under any circumstances; however, knowing the death was due to someone else’s negligence only makes the loss more devastating and shocking. Money, of course, does not cease the emotions, but it can help many families recover from unexpected medical bills and overall financial loss.

Under Alabama law, families may file a wrongful death suit to seek damages. However, there are a few restrictions and rules completely unique to the state. Birmingham wrongful death attorneys of The Mitchell Law Firm, LLC answer some of the most common questions surrounding the lawsuits.

Can wrongful death cases end with jail sentences, similar to a murder case?

Wrongful death cases are civil cases, not criminal like a murder trial. Typically, if a defendant loses a wrongful death case, a civil case, they will be ordered to pay monetary damages (financial restitution) to the victim’s family. Why? Civil cases are brought by private parties, civilians, while criminal cases are brought to court by the state. And the two aren’t connected- families may file a wrongful death suit even if there is never a criminal case.

How do I file for compensatory and punitive damages?

Clients are often surprised to discover you simply can’t file for both compensatory and punitive damages in Alabama. In fact, it’s the only state that doesn’t allows for the victim’s families to seek compensatory damages. So what does this mean?

Compensatory damages can include funeral costs, medical bills, loss of future wages, mental anguish before death, etc. For Alabama wrongful death cases, this is all irrelevant. Suitors may only ask the jury to award punitive damages: damages exceeding simple compensation and awarded specifically to punish the defendant for their gross negligence and providing a type of justice to the victim’s families. Unfortunately, punitive damages are not as straightforward as totaling up salaries and medical bills; monetary punitive awards can vary drastically from case to case. In medical malpractice cases, Alabama has no cap on damages.

Are these punitive damages taxable?

Yes, they are taxable by the IRS. However, Alabama does not apply state tax to punitive damages in wrongful death claims. This can be more thoroughly explained by the attorney or a financial advisor.

What are the statutes of limitations in Alabama?

Wrongful death cases must be filed within two years of the death. However, there are two exceptions. One, typically invoked in medical malpractice cases, states if the victims could not reasonably have learned of the malpractice incident within two years, then the lawsuit may be filed within six months from their date of discovery. The second exception states if the victim’s minor child was under four at the time of death, he/she has until their eighth birthday to file a lawsuit.

How do I know if my loss is considered a wrongful death?

Many clients open this question with, “this may be a stupid question, but”...it’s not. Dealing with a family member’s death brings up so many emotions and, unfortunately, the possibility of even considering a wrongful death case is overlooked. Legally, Alabama defines wrongful death as a death caused by the “wrongful act, omission, or negligence” of another. If the deceased lived and would be able to file a personal injury claim, there is definitely a wrongful death claim.

In Birmingham- where The Mitchell Law Firm is- the most common wrongful death suits are due to medical mistakes or malpractice. This could include anything from a misdiagnosis, patient neglect, or medication or surgical errors that unfortunately ended in death. Other wrongful death lawsuits stem from auto accidents, defective products, nursing home abuse, work or construction injuries and sometimes, criminal activity like drunk driving accidents.

Most law firms offer free consultations which should always answer one, if you in fact have a wrongful death claim and two, how strong it is in accordance with Alabama state laws.

Is hiring a lawyer necessary?

While it may be difficult for a lawyer to give an unbiased answer here, the answer is still a yes. Wrongful death lawsuits are not simplistic and depending on the scenario, many different people or companies may be involved in the lawsuit. From dealing with insurance companies to filing the proper paperwork (and on time) and the claim itself, to conducting a mediation and managing a trial with a jury, it’s hard to not to see the advantages in hiring an attorney.

Picking the best attorney for your family, however, is the trickier part. Do research into a firm’s background, check for any disciplinary misconduct by the state’s legal board(Avvo monitors this)and look for firms specializing in personal injury. Some, including The Mitchell Law Firm, work on a contingency fee basis, as well.