Wrongful Death Claims in Birmingham Auto Accidents

A wrongful death claim seeks recovery for emotional and financial losses suffered by loved ones whose family members have been killed in Birmingham auto accidents. A wrongful death suit is different from other types of personal injury claims because the actual victim, also called the decedent, is not bringing suit. Rather, it is the representative of the victim's beneficiaries that files a claim. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family or estate have suffered due to the death of the victim.

To file a wrongful death suit in Birmingham , you must demonstrate all of the following:

• A person's death was caused by a wrongful or negligent act of the defendant.

• The act would have entitled the injured person to file an action to recover damages had the death not occurred.

• There are surviving beneficiaries, children, or dependents of the victim.

• Monetary damages have resulted from the decedent's death.

Damages in Birmingham wrongful death cases are intended to compensate for losses resulting from the death of a family member. 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. If your loved one has been killed in a Birmingham auto accident that resulted from someone else's negligence, call the Birmingham accident attorneys at The Walker Law Firm at 1-877-925-5373 to discuss your legal options.