Alabama Litigation Review

Alabama Litigation Review

Insights & Commentary on Developments in Alabama Litigation

Tag Archives: wrongful death

Need A Lawyer? Don’t Believe Everything You Read On A Website!

Posted in Personal Injury, Punitive Damages
Billboards. Television. Radio. Lawyer ads are everywhere. It’s easy to smile and claim expertise. It’s much more difficult to perform the study and hard work necessary to win a complicated case. I’ve written previously that I would never hire a billboard lawyer for a serious case. What about websites? I believe websites should contain good… Continue Reading

New Rules Risk Lives On The Highway (Update)

Posted in Personal Injury
I recently discussed a proposal in Congress which would make our highways much more dangerous. The proposal would allow longer trucker hours, heavier loads, and bigger trucks. Statistics indicate 4,000 people are killed and up to 100,000 people suffer personal injury annually in large truck crashes. My earlier post asks the question — Why change… Continue Reading

Highway Safety And Emergency Responders

Posted in Personal Injury
I rarely write about my current cases. However, some cases present special safety issues. Over the last couple years, I’ve represented the family of a paramedic who lost her life while helping another accident victim on the Interstate. This paramedic left behind a beautiful baby girl and a grieving young husband. The facts are pretty… Continue Reading

Alabama’s Wrongful Death Laws Protect All Life (Is the Alabama Supreme Court on a Collision Course with Federal Abortion Law)

Posted in Personal Injury
Last week, the Alabama Supreme Court issued its decision in Hamilton v. Scott.  The case involved a claim for wrongful death under Alabama law.  Yet, this was not a normal wrongful death claim.  Instead, it was a wrongful death claim alleging that a doctor caused the death of an unborn child who was not yet… Continue Reading

A Novel Approach to the Punitive Nature of Wrongful Death Damages in Alabama

Posted in Personal Injury, Punitive Damages
Alabama law concerning wrongful death claims is unique. Our law differs from every other state in an essential area — the damages recoverable. In Alabama, only punitive damages are recoverable in wrongful death claims. I’ve handled many death claims through the years and this unique issue presents many practical challenges. I’ve previously written about the interaction… Continue Reading

It’s Time to Re-Think Alabama’s Survival Statute

Posted in Personal Injury
In Alabama, un-filed tort claims do not survive the death of the victim.  This is because of a special statute created by our legislature. Why is this significant?  Consider the impact of this technicality on two different, hypothetical, tort victims.  Both victims suffer terrible injuries when struck head-on by an intoxicated driver.  Both are rushed… Continue Reading