Who can bring a wrongful death claim?
What type of damages can be collected?
When should a wrongful death claim be brought?
What are some of the most common reasons behind wrongful death claims?
What must be proven to win a wrongful death case?
What is wrongful death?
A wrongful death claim is a claim for damages arising out of
someone's death when the death is caused by the negligence or
fault of someone else. The claim is brought by the deceased's
beneficiaries who are normally family members. The idea behind a
wrongful death lawsuit is that the wrongful death, in addition
to injuring the person who died, also injured people who
depended upon the deceased for financial or emotional support.
Who can bring a wrongful death claim?
Most states that recognize a wrongful death cause of action
limit the pool of potential plaintiffs. Some states limit this
group to the deceased's primary beneficiaries, defined as the
surviving spouse and the deceased's children. Other states allow
the parents of the deceased individual to bring a wrongful death
claim. In addition to these individuals, some states recognize
the rights of any dependent, whether closely related or not, to
bring a wrongful death claim provided the person actually
depended on the deceased for economic support. In those
jurisdictions, it apparently makes little to no sense to allow
the second cousin once removed of the deceased, who saw him once
every five years at a family reunion, to recover for the loss of
the deceased's future earning potential.
What type of damages can be collected?
Alabama's wrongful death statue is unique in that it only
permits recovery for punitive damages and denies any recovery
for compensatory damages. Thus, Alabama's wrongful death statute
is setup to punish the wrongdoer, not to compensate the family
for economic losses.
When should a wrongful death claim be brought?
In Alabama, a wrongful death action must be brought within two
years from the date of death.
What are some of the most common reasons behind wrongful death
claims?
What must be proven to win a wrongful death case?
The common element in wrongful death cases is negligence, which
is characterized by inattention, thoughtlessness, inadvertence,
and mistakes. Negligence must be proven, and Belt Law Firm is
skilled in helping clients prove that the four critical
components of negligence exist in their claim:
1. The defendant had a duty to the deceased;
2. The defendant failed in that duty (breach of duty);
3. That the fatality was caused by the defendant’s breach of
duty; and
4. That the survivors are entitled to damages as a result of the
loss of their loved one.
