Wrongful Death Damages in Alabama
Alabama’s wrongful death law is unique. Alabama allows family members to bring a death action against a negligent party. While most states allow some form of compensation for the loss of life, Alabama’s law allows only punitive or exemplary damages. Alabama courts have historically reasoned that it would be improper to place a monetary figure on a human life. While other states focus on the “value” of the deceased, Alabama law focuses on the “enormity of the wrong” committed by the wrong-doer.
Recent case law also allows a claim to be made for an unborn fetus, in instances, such as an auto accident, where the mother suffers a miscarriage as a result.
Section 6-5-410 of the Code of Alabama provides that a personal representative for the estate “may commence an action and recover such damages as the jury may assess…for the wrongful act, omission or negligence of any person, persons or corporation.” The phrase “as the jury may assess” has been interpreted to mean only punitive damages.
At trial, the most significant manifestation of Alabama’s law is that very little, if any, direct evidence is admitted about the deceased himself. For example, no photographs or personal information about the deceased is normally admitted into evidence. Rather, the focus is on the Defendant and how their negligence caused the death.
The purpose of Alabama’s Wrongful Death Act is to punish the negligent party and to deter others from repeating the same conduct. The idea is that if the award is large enough, it will either be reported by the media or be made known to others similarly situated.
The paradox created by Alabama’s law is that a defendant can be held liable for punitive damages for simple negligence. In almost every other jurisdiction, only intentional or reckless conduct can serve as a basis for an award of punitive damages.
Who gets the money? Damages recovered under the Act do not pass through the estate of the deceased. Rather, they are distributed directly to the heirs at law and are not subject to debts of the decedent. Surprisingly, the IRS has deemed the recovery to be non-taxable, similar to money recovered in a personal injury action.
For a free consultation, call the Alabama Wrongful Death lawyers at Drake Law Firm.
