Our lawyer is well-respected in the industry, too. He is Super Lawyers rated and listed among the National Trial Lawyers Top 100. He works based on contingency fees, meaning it is possible for anyone to afford his services. He will represent you with no upfront fees or costs and only get paid when he wins your case.
Understanding the Damages Available in a Wrongful Death Case
According to APJI 1128 Wrongful Death PL, victims’ loved ones can only recover punitive damages in an Alabama wrongful death case. This means each case must go to trial to receive a verdict and court award. Some of the factors the jury might consider when determining punitive damages in these cases include:
The Severity of the At-Fault Party’s Conduct
How the liable party acted could result in higher awards. The cases with the largest payouts generally have clear evidence that there was a disregard for human life.
The Defendant’s Financial Situation
Since punitive damages are meant to penalize the liable party, a large company or wealthy individual will likely pay more in damages. The goal is to discourage similar wrongful behavior in the future.
Any Attempts to Cover Up or Conceal the Wrongdoing
Juries generally do not look favorably on liable parties who attempt to avoid taking responsibility, especially if they lied or hid evidence.
The Duration of the Misconduct
Long-term or habitual negligence often results in higher damage awards. Cases where there is evidence of similar behavior in the past do, too.
The Circumstances of the Case
Each case has its own unique facts. The jury will consider all evidence presented and the facts of the case to determine if punitive damages are warranted and how much to award.
Alabama Law Requires Clear and Convincing Evidence to Win a Wrongful Death Case
While Alabama law limits victims’ families to recovering only punitive damages in wrongful death cases, it also requires a higher standard of proof. The law requires clear and convincing evidence that the accused party acted negligently.
Clear and convincing evidence is a higher standard of proof than the “preponderance of the evidence” used in most personal injury cases. The documentation of what happened must show that it is more likely than not that the defendant’s action led to the accident and the victim’s demise. In terms of percentages, the likelihood must be 50% or greater.
Each case is unique and so is the evidence available to support that case. Some examples that might meet the clear and convincing standard include:
- Previous drunk driving citations and toxicology reports showing a habitual drunk driver caused a crash
- Internal company documents or emails showing a business knowingly sold a dangerous product
- Surveillance footage or witness testimony documenting harmful actions
Our Phenix City wrongful death attorney knows what it takes to build a strong case and fight for the compensation your family deserves. We work with your loved one’s personal representative—the executor of the estate—to manage these cases and fight for justice. Under AL Code § 6-5-410, we generally have up to two years after their death to begin a lawsuit.
Discuss Your Loved One’s Phenix City Wrongful Death With Our Attorney Today
At the Law Office of Dwayne L. Brown, we provide free consultations for families who have lost loved ones. Learn how our Phenix City wrongful death lawyer can help you build a strong case for punitive damages. Call us today to get started.
