Losing a family member or loved one is never easy, but can be especially trying when the loss is the fault of someone other than the deceased. What can you do when it is someone else’s fault? In Alabama, if someone dies due to the fault or negligence of another, you can file a wrongful death action. This allows you to seek damages from the person or parties whose actions or inactions resulted in the loss of your loved one.
Alabama’s wrongful death laws are different than many other states, which is why meeting with a knowledgeable attorney is a vital first step. In Alabama, the only person who can file a wrongful death action is the court appointed, personal representative. In addition, the sole form of damages awarded in wrongful death actions are punitive damages. This means that you do not have to prove or put forth certain evidence about the deceased, such as their age, education, or earning potential. In fact, testimony of statisticians or economists is largely irrelevant and often deemed to be inadmissible. Alabama courts recognize the sanctity of life and allow punitive damages to be awarded to essentially punish wrongdoing and deter others from acting in a similar nature.
Wrongful death actions can arise out of many types of incidents, such as automobile accidents, traumatic brain injuries, job-related accidents, watercraft accidents, premises liability, products liability and even pharmacy negligence. If you or someone you know has lost a loved one due to the actions or inactions of another, call The Sellers Law Firm today! Our attorneys and staff understand the stress and trauma of losing loved one. We also know that our job is to work zealously to move your case forward, while keeping you involved and informed each step of the way. If you are unsure as to whether you have a claim for wrongful death, call us today! Consultations are always free and our attorneys are always ready to sit down with you and answer your questions. If your life or the life of someone you know has been shattered due to the wrongful death of a loved one, call today and let us help you start putting the pieces back together!