The death of a loved one can impart incomprehensible grief upon the immediate and extended members of a family. What’s more, handling the emotional and mental anguish that accompanies death from an unexpected accident can be at times unbearable for survivors. At a time like this, the thought of pursuing compensation and damages through a wrongful death lawsuit may seem like an unnecessary distraction. However, seeking adequate redress from the individual responsible for the death of your family member could help bring about healing and closure for loved ones left behind.

Wrongful Death: The Basics

As a general principle, wrongful death actions are premised upon an assertion of negligence much like any other personal injury lawsuit. The difference between a personal injury lawsuit and one asserting wrongful death is the latter resulted in the death of the victim, whereas the former simply caused an injury. However, proving wrongful death is inherently identical to proving negligence and requires the successful assertion that the defendant acted in a dangerous and reckless manner.

In other states, wrongful death claims take into account the losses sustained by the surviving family members of the deceased, such as the loss of monetary support, consortium and companionship, guidance and services, among other things. However, Alabama wrongful death is different. Wrongful death actions in the state are not meant to compensate surviving family members but rather to punish the defendant whose wrongdoing contributed to the death at issue and hopefully discourage similar actions in the future by others.

Simply stated, wrongful death awards in Alabama only provide for punitive damages, not compensatory damages, for the death of a loved one, which would typically include amounts for the loss of financial support sustained by the surviving family members or funeral expenses.    

If a Will Exists, The Heirs Are Entitled to Seek Damages

The deceased individual’s estate will be paid in the event that a wrongful death damages award is granted. That said, those who are entitled to recover are those who are “heirs” under the language of existing estate documentation. 

If a will exists and the deceased left all of his or her assets in equal shares to four kids, then each of the four would be entitled to an equal share of the wrongful death proceeds that will be issued to the estate. The estate payout, while it may appear to be somewhat limiting at first glance, actually provides friends and loved ones who are not blood relatives with an opportunity to recover wrongful death damages since the deceased may have also provided for other distributions to non-relatives and non-dependents in their will and/or trust.

If no will or trust documents exist, then the estate’s proceeds (including all wrongful death compensation will pass through what’s known under the law as “ intestate succession.” Accordingly, if that is the case, the individuals who would recover will be subject to an order of priority that includes (in order) the spouse, children (and their children, if any), parents, sisters and/or brothers, grandparents and so on.