Alabama Law Only Awards Punitive Damages in Wrongful Death Cases
Alabama does not allow compensatory damages in wrongful death cases. Families cannot seek or secure compensation for their expenses and losses related to their loved one’s death. According to APJI 1128 Wrongful Death PL, Alabama juries can only award punitive damages in wrongful death cases.
Punitive damages are not meant to compensate the recipients for their financial or emotional losses. Instead, they penalize the at-fault party for their actions or inactions.
Every Alabama wrongful death lawsuit must go to trial so a jury can determine whether to award punitive damages. They also set the amount of the damages. A judge oversees the trial, but the jury awards all compensation. To this end, your wrongful death case and Prattville attorney must convince the jurors that the party who hurt your loved one had committed a negligent action.
Our Wrongful Death Attorney Gathers Clear and Convincing Evidence
Alabama law requires clear and convincing evidence to prove that the defendant’s actions were negligent. This is more challenging, but our Prattville wrongful death attorney knows how to meet this standard.
You can count on our team to:
- Conduct a Thorough Investigation: We will investigate what happened, obtain official reports and records, seek video footage, and interview eyewitnesses.
- Work With Experts: When necessary, we will work with medical experts, accident reconstruction specialists, industry experts, and others to support a strong case.
- Look for Pattern of Negligent Conduct: Sometimes, we can uncover prior lawsuits, complaints, or citations that show a history of similar conduct.
- Use Forensic Evidence: We know how to identify and gather evidence to support the case, including analyzing medical and autopsy records.
By gathering, analyzing, and strategically presenting evidence, our wrongful death lawyer develops a compelling case for punitive damages.
We work with the victim’s personal representative, also known as the executor of their estate, to prepare and file wrongful death actions. This is the only party allowed to sue for damages in most Alabama wrongful death cases.
Under AL Code § 6-5-410, we generally have two years from your loved one’s date of death to begin a lawsuit. However, we need to act quickly to build the strongest case possible. If you are the personal representative, reach out as soon as possible.
Discuss Your Loved One’s Prattville Wrongful Death With Our Attorney for Free
Our legal team from the Law Office of Dwayne L. Brown offers free case reviews for families who lost a loved one. We can evaluate your options based on the information you share with us and explain how our Prattville wrongful death lawyer can help.
Contact us today to learn more.