Liability in a Wrongful Death Claim
A few elements of a wrongful death claim must be proven to establish the other party’s negligence. If you and your family decide to move forward with a wrongful death claim, you must provide evidence of:
- The other party’s duty of care toward your loved one. Every person owes a duty to all other persons to use reasonable care to avoid causing injury to them or their property. For instance, all drivers must follow traffic laws and maintain a certain standard of care while behind the wheel.
- The other party failed to uphold the duty of care. You will need to show how the other party’s actions – or inactions – were negligent compared to what they should have been to uphold their duty of care.
- The other party’s actions caused your loved one’s death. You must have evidence that the other party’s failure to uphold their duty of care led to your loved one’s death.
A Wrongful Death Claim Is a Civil Action
A wrongful death claim is a civil matter, not criminal. It is not limited to situations in which your loved one’s death resulted from a crime. A wrongful death claim may be brought whether the other person’s negligence or misconduct led to criminal charges or a conviction. It may be brought even if criminal charges never occur, and if the other person was exonerated in a criminal court for their conduct. Just because the other individual’s actions did not amount to homicide does not mean they are not civilly liable for causing your family member’s death.
Compensation in a Huntsville Wrongful Death Case
Most states allow the personal representative to seek certain special and general damages, similar to a personal injury case. Those are more broadly known as compensatory damages because they are meant to compensate you and your other family members who have been injured. However, Alabama law is different; it only allows you to seek punitive damages during a wrongful death claim. These are intended to punish the wrongdoer.
The value of your claim depends on many factors. At Belt, Bruner & Barnett, P.C., our Huntsville wrongful death lawyers have a proven track record of success in obtaining large wrongful death awards. While your case may not call for such a high settlement or jury award, we will always strive to obtain the maximum compensation available to you and your family.
Who May Recover Wrongful Death Damages
If the personal representative of your loved one’s estate acquires punitive damages through a wrongful death claim, then this compensation goes directly to the deceased person’s heirs. If you are unsure whether you may obtain a portion of the compensation, call Belt, Bruner & Barnett, P.C. today. In most cases, the surviving spouse and children receive compensation. However, depending on who survived the decedent, other relatives may receive some of the settlement or award.
