About Wrongful Death

Alabama's Unusual Wrongful Death Laws

In Alabama a truck that did not have the right of way tragically hit Sarah's husband Paul. Paul was in the hospital in a coma. A few days later after doing everything they could to make sure Paul was getting the best possible medical care, Sarah and her grown son Mike contacted a personal injury attorney. The attorney investigated the case and quickly filed suit. Paul lived for about fourteen months and then died from complications from his injuries. Sarah was ultimately able to collect from the trucking company, money for Paul's medical bills, lost wages, pain and suffering, and punitive damages.

In another case Phil's wife Gloria was killed in a car/truck accident in Alabama. Phil's case was settled and Phil was awarded some damages but he could not collect for Gloria's pain and suffering, lost wages and medical bills. What is the difference between these two cases?

The difference is that Alabama has unusual civil wrongful death laws that are different in some ways from every other state in the US. Under Alabama law medical bills, lost wages, pain and suffering and similar expenses may only be collected for if suit is filed before the injured person dies. For example when a person is injured, lives a while, files suit and then later dies, then the family may be able to collect medical bills and other compensatory damages. Again the secret is to hire an attorney and file suit while the injured person who may die is still alive. If the person is not able to file suit, a family member or friend may petition the court for the authority to sue for the injured person.

Another major reason to contact an attorney as soon as possible is that the attorney may be able to interview the injured person to find out how the injury occurred. Also the lawyer may be able to have photographs of the injured person taken and these photographs may be useful in proving the case.

If suit is not filed until after the death, in Alabama courts the representative of the estate of the dead person may only file for punitive damages. Punitive damages are sums of money paid to punish the defendant for how wrongful his, her or its act was. Punitive damages also act as deterrents to keep the same or other defendants from doing the same wrongful acts to other people.

For example, if a company makes a dangerous product that results in the death of a person, a jury may award punitive damages to punish the company. Frequently the higher the award, the more likely the company will stop making that product, change it so it will not be as dangerous, and/or put better safety warnings on the product.

In the case of Phil, although he was not able to collect for Gloria's lost wages and medical bills, he was able to settle his case for a good sum in lieu of punitive damages. The truck that hit Gloria was making a "U" turn in the middle of a highway and did not have lights on the side of its long flat bed that was blocking the dark highway. The case was settled before trial but there is a good possibility that if the case had gone to trial, the jurors would have awarded punitive damages. That was the kind of case where jurors would have wanted to send a message to the trucking company owner of the truck to make sure its trucks are properly lighted and that its drivers do not make "U" turns in the middle of a highway.

Jurors play very important roles in (1) getting unsafe products off the market, (2) getting manufacturers to make their products safer, and (3) getting better safety warnings on dangerous products that are hurting people so that in the future, fewer other people are hurt. Jurors have the important ability to make powerful social changes in the ways some big corporations handle their business. If you are called to be a juror, and the situation call for action, exercise your power to make the world a safer place.