Wrongful Death

Wrongful death is a legal term that refers to situations where someone is fatally injured because of the negligence, recklessness, or intentional acts of another person or company.

At Hare, Wynn, Newell & Newton LLP, our attorneys handle virtually every category of personal injury in which liability for wrongful death may be attributed. Our practice includes handling cases ranging from general negligence and wantonness to complex cases such as aviation liability, motor vehicle accidents including automobiles and tractor-trailer truck accidents, products liability involving dangerous and defective products of all types, medical malpractice, nursing home abuse and neglect, railroad litigation, toxic torts, environmental liability, and premises liability .

While we handle wrongful death claims throughout Alabama, Arkansas, and the United States, Alabama’s wrongful death statute is unique and unlike any other state in the entire country. Under Alabama law, the damages recoverable for wrongful death are punitive, not compensatory. The Judges instruct the jury as follows:

In a suit brought for a wrongful act, omission, or negligence causing death the damages recoverable are punitive and not compensatory. Damages in this type of action are entirely punitive, imposed for the preservation of human life and as a deterrent to others to prevent similar wrongs. The amount of damages should be directly related to the amount of wrongdoing on the part of the defendant(s). In assessing damages you are not to consider the (pecuniary) (monetary) value of the life of the decedent, for damages in this type of action are not recoverable to compensate the family of the deceased from a (pecuniary) (monetary) standpoint on account of (his) (her) death, nor to compensate the plaintiff for any financial or pecuniary loss sustained by (him) (her) or the family of the deceased on account of (his) (her) death.

Hare, Wynn, Newell, & Newton LLP has been very creative and innovative in its approach to arguing wrongful death cases. The firm’s founder, Francis H. Hare, Sr., was responsible for a complete re-thinking of the basis upon which wrongful death claims are made. The firm has obtained an extraordinary number of significant and substantial settlements and verdicts on behalf of the families of the victims of wrongful death in Alabama. The firm is also experienced, and has been very successful, in handling compensatory damage wrongful death claims in other states throughout the United States. Contact us for experienced wrongful death representation.

Hare, Wynn, Newell & Newton LLP