What Can You Recover in a Montgomery Wrongful Death Claim?

Some accidents are preventable. For people in Montgomery who have lost a loved one due to someone else’s conduct, that realization can be devastating. While you cannot bring back your loved one, you can seek compensation for wrongful death.

The personal representative for your family member’s estate has a right to ask for compensation from the entity or individual whose negligence led to your loved one’s death.

However, unlike other states, Alabama only pays punitive damages in wrongful death cases. The state does not permit the payment of compensatory damages, such as pain and suffering, lost wages, medical expenses, and funeral and burial expenses.

Therefore, when a judge reviews a wrongful death claim, they’ll focus on the defendant’s wrongdoing above anything else. Doing so sends a message to the defendant - that they need to be punished for their negligence. The punitive damages are then paid to the heirs of the decedent’s estate. Fortunately, the state does not have a cap on the punitive damages that the heirs of the estate may receive.

You do not have to prove specific losses to obtain coverage for wrongful death. You do, however, need to prove liability and that you deserve compensation for your untimely loss. 

The Rules for Distribution

Even if a decedent left a last will and testament, the punitive damages still are distributed per the state’s intestacy laws in wrongful death cases. 

Therefore, in accordance with these laws, the punitive damages of an estate with only a surviving spouse, and no children or parents, will all go to the spouse.

The children of the decedent will receive the settlement if there is no surviving spouse. This amount will be distributed equally among the survivors. 

If the deceased was married and had children from their marriage, the spouse receives the first $50,000 of the settlement amount and 50% of the remaining balance. The children will receive the rest of the award, divided equally among themselves.

If the decedent was married and had children from outside the marriage, their spouse receives half of the award, and the children will receive the rest, allocated equally.

If the decedent was married and had no children, but surviving parents, the spouse receives the first $100,000 of the award and half of the remaining balance. The deceased’s parents will receive the rest of the settlement amount.

The parents will receive all of the wrongful death settlement if the decedent was not married nor had children.

The surviving siblings can pursue a claim if the decedent had no surviving parents, children, or a spouse.

In some cases, no close relatives qualify for the settlement. In these situations, the award will be distributed to the next closest family members, or grandchildren, grandparents, cousins, aunts, uncles, nephews, and nieces.

You only have two years from the date of death to file a wrongful death claim in Alabama. A personal representative needs to consult a wrongful death attorney as soon as possible. If they wait too long, they may not be able to access important evidence. 

Contact a Wrongful Death Attorney Right Away

In Montgomery, Alabama, contact the legal professionals at Luck Law about your wrongful death claim right away. Again, time is a major priority. Schedule a time to meet with an attorney today.