In Alabama, wrongful death cases result from an avoidable fatality. State laws enable families to seek compensation according to the cause of death and financial losses incurred. The civil cases don’t punish perpetrators for crimes. The proceedings are an opportunity to collect compensation only. A personal injury attorney in Tallassee, AL explains how families file wrongful death claims and why.
Wrongful Death Law
Alabama Code Section 6-5-410 explains that any fatality that was caused by negligence, wrongful acts or omission presents cause for a family or estate to seek compensation through the court. The claims are filed to collect financial losses due to the unexpected and avoidable fatality. The event that led to the death of the victim defines how the case proceeds in court.
The Cause of Death
An autopsy identifies the exact cause of the victim’s death. If the fatality occurred during a car accident, then the plaintiff must prove that the driver’s actions caused the fatality. Common causes are DUI, reckless driving, speeding, and deliberate vehicular homicide.
If the fatality occurred during surgery, then the plaintiff must show that the victim died due to a failure to provide adequate health care. The medical records must show that the doctor performed a procedure that was risky and didn’t disclose all risks to the patient. Acts of malice are also considered in medical malpractice-related cases; however, the evidence must show the doctor refused to provide care or deliberately harmed the patient due to prejudice or personal opinion.
Connecting the Defendant to the Fatality
The medical records and testimony from witnesses connect the defendant to the victim’s injuries. If the victim died during the discharge of a crime, then a criminal conviction could provide additional evidence that supports a wrongful death claim.
In Alabama, wrongful death lawsuits help families acquire compensation for financial losses due to an avoidable death. The loss of companionship or financial support is a tort-based claim that is often included in the cases. Mental anguish and detriment are also considered by the court. Families of victims who need a personal injury attorney in Tallassee, AL can contact Courtney & Mann LLP for more information right now.
