A wrongful death claim is a civil action filed when a person’s death is caused by the wrongful act, negligence, or omission of another party, allowing surviving family members to seek justice. This article provides an analysis of the legal framework in Alabama as it pertains to the wrongful death of a minor, a person under the age of 19 in the state. It explores the unique aspects of these claims, including who is eligible to file and the types of damages that can be recovered.
Defining Wrongful Death of a Minor in Alabama
In Alabama, the legal basis for a wrongful death claim involving a minor is established under Alabama Code § 6-5-391. 1Justia Law. Alabama Code § 6-5-391 (2024) – Wrongful Death of Minor. This statute allows a cause of action when a minor child’s death results from the wrongful act, omission, or negligence of another party. The core concept is that the death would not have occurred but for the legal fault of another, which can include a wide range of circumstances, from a car accident caused by a distracted driver to an act of medical malpractice.
The definition of a “child” under this statute has been a subject of judicial interpretation. In the 2024 case LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held that frozen embryos are considered children under the Wrongful Death of a Minor Act. 2Justia Law. LePage v. Center for Reproductive Medicine, P.C. :: 2024 :: Supreme Court of Alabama Decisions This decision expanded the law to include unborn children from the point of fertilization, regardless of whether they have been implanted in a womb.
Who Can Pursue a Wrongful Death Claim for a Minor
The authority to file a wrongful death claim for a minor is dictated by statute, which grants the primary right to the parents of the deceased child. A wrongful death action must be filed within two years of the person’s death, but the law gives parents a prioritized timeline. 3Wilson Kehoe Winingham. Alabama Code § 6-5-410 (2023) | AL Wrongful Death Statute They have an exclusive six-month window from the date of the minor’s death to file a lawsuit.
If the parents do not file a claim within this six-month period, or if they are deceased or have deserted the child, the right to sue passes to the personal representative of the minor’s estate. The personal representative must still file within the overall two-year deadline.
A court may appoint a close family member to act as the personal representative. When a representative files the suit, any damages recovered are distributed to the minor’s heirs according to the state’s laws of intestate succession, which govern inheritance when someone dies without a will. 4Justia Law. Alabama Code Title 43, Chapter 8, Article 3 (2024) – Intestate Succession.
Proving Fault in a Minor’s Wrongful Death Case
To succeed in a wrongful death claim for a minor, the filing party must prove several legal elements to establish the defendant’s liability. These elements are:
- Duty of Care: The plaintiff must first show the defendant owed a legal responsibility to the minor to act in a certain way to avoid causing harm. For example, a driver has a duty to operate their vehicle safely to protect other motorists and pedestrians.
- Breach of Duty: The second element is proving the defendant failed to meet their legal obligation through a wrongful act, negligence, or a failure to act when required. A doctor failing to diagnose a life-threatening condition that a competent peer would have identified is an example of a breach.
- Causation: The plaintiff must establish that the defendant’s breach of duty was the direct and proximate cause of the minor’s death. The evidence must clearly link the wrongful act to the fatal outcome and show the connection is not too remote.
- Proof of Death: Finally, the death of the minor must be proven as a result of the defendant’s actions.
Understanding Damages in Alabama Wrongful Death Claims for Minors
Alabama’s approach to damages in wrongful death cases is unique. Under state law, these actions exclusively allow for the recovery of punitive damages. These damages are not intended to compensate the family for their losses, but rather to punish the defendant for their wrongful conduct and to deter others from committing similar acts.
This means that compensatory damages, which are standard in other states, are not available. Compensatory damages would cover tangible and intangible losses such as medical expenses incurred before death, the minor’s future lost wages, and the family’s pain and suffering. In Alabama, the jury’s decision on the amount of damages is based entirely on the severity of the defendant’s wrongdoing.
Because the focus is on punishment, the jury evaluates the nature and gravity of the defendant’s wrongful act. A death caused by reckless or intentional behavior will likely result in a much higher punitive damage award than one caused by a simple mistake. There are no caps on punitive damages in wrongful death cases in Alabama, which means potential awards can be substantial, reflecting the jury’s assessment of the defendant’s actions. 5Justia Law. Alabama Code § 6-11-21 (2024) – Punitive Damages Not to Exceed Certain Limits.
Navigating the Wrongful Death Claim Process for a Minor
The process of pursuing a wrongful death claim for a minor in Alabama begins with an initial consultation with an attorney who specializes in this area of law. During this meeting, the lawyer will evaluate the facts of the case, explain the family’s rights, and determine if there is a valid claim to pursue.
If the attorney believes the case has merit, a thorough investigation will commence. This phase involves gathering evidence, which can include accident reports, medical records, witness statements, and expert opinions. Once sufficient evidence is collected, the attorney will file a formal complaint in the appropriate Alabama court, which officially initiates the lawsuit.
After the complaint is filed, the case enters the discovery phase, a formal process where both parties exchange information and evidence. 6Alabama Judicial System. Rule 26 Following discovery, there are often attempts to resolve the case through negotiation or mediation to reach a settlement. If a settlement cannot be reached, the case will proceed to trial, where a jury will hear the evidence and determine liability and damages.