Wrongful Death Case
Are Autopsies Necessary
What you need to know about Autopsies and Wrongful Death Claims
Autopsies can provide important evidence for a legal case where the defendant is a wrongful death claim challenges the case of death.
Wrongful Death Lawsuits in Alabama
Alabama has laws that govern wrongful death claims brought to civil court within the state.
Alabama law defines a "wrongful death" as one that is caused by the "wrongful act, omission, or negligence" of another. the estate of a deceased person may bring a wrongful death sit against a party that causes such a death in any case in which the deceased person could have brought a personal injury claim, had he or she lived.
Any losses that a negligent party is held liable for must be paid back to the estate.
Is a Wrongful Death Claim a Criminal Charge?
A wrongful death case differs from a criminal case in two ways.
Who Can File a Wrongful Death Case?
The state of Alabama limits the ability to file a wrongful death claim to the personal representative of the deceased person's estate. Only the estate may bring a wrongful death case, and all damages in a wrongful death case in Alabama are paid to the estate.
Damages in an Alabama Wrongful Death Case
Alabama handles Wrongful Death Claims differently than other states. While most other states allow for compensatory damages in wrongful death cases to cover the costs of funeral expenses, medical bills, and other losses resulting from the untimely death, Alabama Wrongful death allows for only punitive damages, meaning Alabama wrongful death law focuses almost completely on the wrongdoing of the defendant.
Alabama's wrongful death law has two main components: to punish the defendant who is found negligent, and to deter similar negligence by other parties. Any damages awarded in a wrongful death case are paid directly to the heirs of the deceased person.
If you have lost a loved on due to someone else's negligence and have questions, please contact the Mezrano Law Firm Today @ (205) 206-6300. Losing a loved one is something that never be fully compensated, but you are entitled to an award based on the reality of the situation.
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These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. Furthermore, no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.