Frequently Asked Questions: Wrongful Death

What is a wrongful death?

A wrongful death is a death that is caused by the negligence or misconduct of an individual or company.

Who are to be considered the survivors of a victim of wrongful death?

The survivors of a wrongful death victim may vary from state to state, but in Alabama it includes the spouse and minor children.

What compensation can be claimed in a wrongful death case?

In Alabama, only punitive damages can be recovered. In other states you can recover expenses of the victim (funeral, medical, etc.), loss of future earnings anticipated over the lifetime of the victim, benefits lost due to the victims death, survivors pain, suffering and mental anguish caused by the victims death. In some states you can also recover for the companionship, care or protection lost to the survivors as a result of the death.

Who can file a wrongful death claim?

This depends on individual state law, but in general the immediate family members (spouses, children and parents) can file a wrongful death claim.

When must a wrongful death lawsuit be filed?

In Alabama , you have two years to file a wrongful death suit.