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Some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death suit, but Alabama has no such limit. Get more details on damages that might be available in a wrongful death case.
Though only personal representatives have legal authority to file wrongful death lawsuits in Alabama, any compensation recovered goes to the decedent's surviving loved ones. This may include their spouse, children, parents, and others who were dependent upon the deceased for support.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
Compensatory damages are divided into two distinct categories?economic and non-economic. They are designed to compensate you for different types of losses. Each category of compensatory damages is calculated differently based on what they compensate.
In most cases, the Alabama wrongful death statute of limitations allows you only two years from the date of the victim's death to take legal action in a wrongful death claim. If a legal claim is not filed within this period, you could lose your right to pursue legal action and recover compensation.
In Alabama, punitive damages are governed by law. Alabama Code Section 6-11-20 provides that punitive damages may be awarded in wrongful death cases and tort actions when there is clear evidence that the defendant intentionally acted with ?oppression, fraud, wantonness, or malice.?