Understanding Wrongful Death Cases in Alabama
The loss of a loved one is always a painful experience, but when that loss is because of someone else’s negligence, the pain is often compounded by feelings of injustice and confusion. In Alabama, families who find themselves in this situation may have legal options to seek justice and compensation. Recently, David Greene from Greene & Phillips discussed the topic of wrongful death during an interview on Studio 10.
What is Wrongful Death?
In Alabama, wrongful death occurs when someone is tragically killed due to the fault of another party. This can happen in a variety of ways, including:
Whether the accident involves an individual or a company, if the victim’s death was caused by negligence, the surviving family members may have legal recourse.
What Legal Rights Do Families Have?
In wrongful death cases in Alabama, the personal representative of the deceased’s estate can pursue legal action against the at-fault party. According to wrongful death lawyer, David Greene, Alabama law allows families to seek punitive damages. This is different from many other states, where compensatory damages—intended to reimburse for financial losses—are all that’s awarded. In Alabama, punitive damages are designed solely to punish the wrongdoer and deter similar negligent behavior in the future.
Speak with an experienced attorney as soon as possible after such a tragic event. “We’ve handled thousands of these cases over nearly 27 years, mostly in the Southeast,” says Greene. “It’s crucial to speak with a lawyer who understands the complexities of wrongful death cases, whether it’s a large trucking accident or an industrial accident.”
Understanding the Types of Damages in Wrongful Death Cases
In Alabama, wrongful death cases differ from other types of injury claims because they focus solely on punitive damages. While in regular personal injury cases, compensatory damages are awarded to cover medical bills, lost wages, and other losses, wrongful death cases aim to punish the negligent party. This distinction is significant because it affects the overall approach to these cases and the types of evidence that need to be presented. Each state also has different statutes of limitations which limit the amount of time a family has to start a wrongful death claim.
Civil vs. Criminal Cases: What’s the Difference?
Another common question people have involves the distinction between wrongful death, manslaughter, and murder. As David Greene explains, wrongful death is a civil claim, while manslaughter and murder are criminal offenses prosecuted by the District Attorney’s Office. The family of the deceased may have two separate cases—one civil and one criminal—running at the same time. The state will prosecute the criminal case, which could result in jail time for the at-fault party, but the DA’s office does not handle civil claims seeking monetary damages. That’s where a wrongful death attorney steps in to recover wrongful death claims.
The Benefits of Hiring a law firm like Greene & Phillips
If you’ve experienced the loss of a loved one because of someone else’s negligence, you need legal representation that can guide you through the complex legal process. Greene & Phillips Personal Injury Lawyers has been handling wrongful death cases for decades and can help explain the legal process to families during their time of grief. “It can be confusing when something like this happens,” says Greene. “Personal injury attorneys like Greene & Phillips can help explain the process and provide guidance to ensure the best possible outcome.”
Contact Greene & Phillips
If you or someone you know has experienced a wrongful death in the family you may be entitled to compensation, and it’s important to act quickly. You can contact Greene & Phillips for a free initial consultation by calling 251-300-2000 or filling out our contact form. We’ve helped thousands of families with personal injury claims, and we can help you, too.
