How does Alabama law define wrongful death?
It seems like a simple thing: Someone you love has died in a wrongful manner. However, you and the law may not agree on whether your loved one’s death was indeed wrongful. In order for the law to deem a death wrongful, several elements must be present.
Elements of a Wrongful Death Case
- A human being has died.
- The death occurred because of negligence.
- There exists a personal representative for the deceased’s estate.
- Surviving family members are suffering from monetary harm because of the death.
Wrongful death can happen in many different ways according to the law. For example, if a family member dies because a medical care provider made a negligent mistake, it could be a wrongful death. In another example, if someone dies in a motor vehicle accident, it could be wrongful if the other driver acted in a negligent or reckless manner.