Alabama Wrongful Death Attorney

Wrongful Death Act in Alabama

Alabama's Wrongful Death Act at Alabama Code Section 6-5-410 reads as follows:

(a) 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. (b) Such action shall not abate by the death of the defendant, but may be revived against his personal representative and may be maintained though there has not been prosecution, conviction or acquittal of the defendant for the wrongful act, omission, or negligence. (c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions. (d) Such action must be commenced within two years.

Alabama Is Different

The Alabama Wrongful Death Act is different than the Wrongful Death Acts of every other state.  In other states you can recover compensatory damages in a wrongful death case that include damages for future lost wages, mental anguish prior to death, etc.  Not so in Alabama.  In Alabama you may only recover punitive damages in a Wrongful Death case.  Therefore, you can only ask the jury to punish the defendant for causing the death, based on the egregiousness of the conduct.  In other words, the damages can be based only on how bad the conduct was.  Wrongful Death cases can be difficult in Alabama in situations where the conduct may be negligent, but could be viewed by the jury as a "mistake".

Taxation of a Wrongful Death Award

Whereas in most states punitive damage awards are taxable, in an Alabama death case they are not.  This only applies to Alabama Wrongful Death damages, however.  A punitive award in other types of cases would be taxable.  The IRS views Alabama Wrongful Death awards differently and there is a specific exemption in the Internal Revenue Code that applies.  Of course, you should also consult tax professionals with regard to tax issues.

Another Alabama Difference

In Alabama, if a person has an accident and dies before a lawsuit is filed, their claim for compensatory damages related to the accident dies with them.  In that situation, only a wongful death claim could be filed for punitive damages as a result of the accident.  If the lawsuit is filed before death, it can continue after death and can be amended to add a Wrongful Death claim.  

Our Alabama Wrongful Death attorney has handled hundreds of death claims in the State of Alabama and has received multi-million dollar verdicts and settlements in Wrongful Death cases.  Please contact us to discuss your claim and evaluate whether a wrongful death lawsuit should be filed.  The Taylor Law Firm LLC handles wrongful death cases in Alabama, Mississippi and Florida, in the cities of Mobile, Pascagoula, Biloxi, Pensacola, Gulfport and nationwide.