Wrongful Death

In general, wrongful death is the term that describes the type of claim brought by the estate, or survivors, of an individual (known as the decedent) who is killed by the negligent or wanton conduct of another.

The types of damages that can be recovered depend on the jurisdiction in which the lawsuit would be filed. Cole and Hodges have been involved in wrongful death cases in such states as Alabama, Texas, and Illinois. Some jurisdictions allow the recovery of damages for the following:

Economic damages:

  • Decedent's Future Earnings
  • Decedent's lost benefits including pensions or retirement benefits
  • Expenses relating to decedent's death such as medical bills and funeral costs

Intangible or Non-Economic damages:

  • Physical Pain
  • Loss of consortium or companionship
  • Mental anguish and emotional distress rooted in the loss of a loved one

Punitive damages:

Punitive or exemplary damages are intended to punish wrongdoers and deter others from similar conduct.

Alabama's Wrongful Death Statute, subject to its interpretation by Alabama Courts, controls the recovery for damages stemming from a wrongful death that occurred in Alabama.

In a case involving serious injury in Alabama that could result in death, time is of the essence. If a lawsuit is filed prior to Plaintiff's death, his or her survivors may be able to claim compensatory damages in addition to punitive damages for the personal injuries suffered prior to death. If the lawsuit is not filed until after the death has occurred, then only punitive damages can be recovered in a lawsuit filed in Alabama. Cole and Hodges have represented many clients that have dealt with these types of tragic events and they are willing to help you.

IF YOU HAVE A LOVED ONE THAT WAS VICTIM OF A WRONGFUL DEATH, CONTACT COLE AND HODGES ONLINE OR CALL US AT (888) 539-3110 TO SET UP A FREE CONSULTATION TO DISCUSS YOUR OPTIONS.