If you have lost a loved one as a result of someone else's negligence
or recklessness the law provides a way for you and your family to recover
for that loss. Nothing will ever replace them, but you may be entitled
to monetary compensation pursuant to the wrongful death laws in your state.
Those laws, which are specific to each state, determine what type of damages
can be recovered and who is actually allowed to recover them.
Alabama’s Wrongful Death Law
Alabama's Wrongful Death Statute states as follows:
A personal representative may commence an action and recover such damages
as the jury may assess in a court of competent jurisdiction within the
State of Alabama, and not elsewhere, for the wrongful act, omission, or
negligence of any person, persons, or corporation, his or their servants
or agents, whereby the death of his testator or intestate was caused,
provided the testator or intestate could have commenced an action for
such wrongful act, omission, or negligence if it had not caused death.
Wrongful death damages in Alabama are only punitive
Based on the case law handed down by the Alabama Supreme Court, it is well-established
that damages for wrongful death in this state are solely punitive. As
you can see from the instructions the Alabama courts give to juries in
these types of cases, the purpose of these damages is to punish for the
In a suit brought for a wrongful act, omission or negligence causing death,
the damages recoverable are punitive and not compensatory; damages in
this type of action are entirely punitive, imposed for the preservation
of human life and as a deterrent to others to prevent similar wrongs.
Essentially, in Alabama the only argument you can make is that the person
who was at fault must be punished and that is the purpose of the monetary
If you have questions regarding wrongful death, or any other personal injury
matters, contact us
online or by calling the Law Office of Cody R. Wix, LLC at (205) 381-4787.