Alabama Wrongful Death vs. Personal Injury: Key Differences
In Alabama, the primary differences between wrongful death and personal injury claims are the plaintiffs and the damages available. If you have an injury, you can bring a personal injury claim to seek compensatory damages for medical bills, lost income, and pain and suffering.
When an injury victim does not survive, however, they cannot bring a claim themselves to collect compensation. However, the law provides rights to surviving family members to receive compensation under certain circumstances. Wrongful death claims only allow for the recovery of punitive damages, focusing on punishing the defendant instead of covering losses.
The best way to identify your proper legal path is to discuss your case with an
Alabama personal injury and wrongful death lawyer. They can outline the steps you need to take to receive fair compensation, no matter your situation.
Parties Involved
The parties involved in a personal injury lawsuit and wrongful death claim differ; specifically, different individuals must bring the legal claim to succeed under the law.
- Personal Injury - An injured person files a personal injury lawsuit. They are the plaintiff in the case and have the right to pursue compensation for their injuries.
- Wrongful Death - A personal representative of the estate brings this type of claim, while the proceeds go to qualified beneficiaries. The will names the personal representative, or the court appoints the person representing the deceased’s estate. The named beneficiaries usually include the deceased's spouse, children, or parents.
Nature of Damages
Again, you can seek compensatory damages for personal injury claims in personal injury cases. These damages include economic and non-economic damages. Wrongful death claims allow the family of a loved one to request punitive damages.
Personal Injury - Compensatory Damages
The injured party can seek various compensatory damages. The damages in a personal injury claim are intended to make the injured person "whole" again, as much as possible, by covering their economic and non-economic losses.
- Economic damages cover medical bills, lost wages, property damage, and other tangible costs.
- Non-economic damages encompass pain and suffering, emotional distress, loss of consortium, and diminished quality of life.
You have two years from the date of an accident or the discovery of an injury to request compensation.
Wrongful Death- Punitive Damages
In Alabama, the primary purpose of a wrongful death claim is to punish the wrongdoer and prevent others from engaging in similar conduct. While the damages awarded do not directly compensate the deceased's family for their emotional pain and financial losses, they serve a broader societal purpose by holding the defendant accountable and promoting public safety.
Additional Considerations
If you wish to file a personal injury lawsuit or wrongful death claim, it's important to remember the points below.
Statute of Limitations
In Alabama, the
statute of limitations for both personal injury and wrongful death claims is two years from the date of the injury or death.
Burden of Proof
In both types of claims, the plaintiff must sufficiently prove the defendant's negligence or wrongful conduct caused the injury or death by a preponderance of the evidence.
Contact Alabama Attorney Matt Mathews Now
Understanding personal injury and wrongful death claims in Alabama helps people following a preventable injury or the unfair passing of a loved one. Consulting with an experienced injury or wrongful death attorney is highly recommended. The legal team at the Law Office of Richard R. Matthews, Jr. can provide guidance, assess your case, and advocate for your rights.
Contact attorney Matt Matthews in Montgomery, Alabama, for more information.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.
With offices located in downtown Montgomery, The Law Office of Richard F. Matthews, Jr., serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka, Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
