An Alabama wrongful death lawsuit was tried to a jury verdict recently. The defendant, Noland Health Services, was found negligent and the jury returned a verdict of $4 million.
77-year old Thomas Doster was found on the floor in his hospital room after a fall in September 2007. He was known to be a fall risk and was supposed to have been restrained in the bed because of his high fall risk. The jury found that Noland Health was negligent in failing to restrain Mr. Doster in this Alabama wrongful death lawsuit.
An Alabama wrongful death lawsuit can be difficult to work up, particularly depending upon the number of experts that individuals will need to retain. A plaintiff will have to establish that the defendant’s conduct breached the standard of care, and that breach was a cause of the death of the plaintiff.
Nothing can describe the pain associated with the loss of a family member, and when that loss is caused by the negligence of another person or party, it can be especially difficult to accept. Wrongful death claims are generally initiated by an attorney on behalf of the spouse, children, family, or beneficiaries of the decedent. A wrongful death is legally defined as an unnecessary death that results from the negligence or misconduct of another person or entity.
Although monetary compensation can never atone for the loss of a family member, it can provide the financial support you and your family need to pay off medical bills, funeral expenses, and other debts incurred as a result of an unexpected death. These types of compensation are called compensatory damages and are meant to help get the victim(s) back to where they started financially before the loss of their loved one. Sometimes, families affected by a wrongful death are eligible for punitive damages as well. Punitive damages are meant to penalize the party at fault and to discourage it and others from acting irresponsibly in the future.
In this Alabama wrongful death lawsuit, the plaintiff was able to recover $5 million and the jury required the defendant to take responsibility for its conduct that caused the death of the plaintiff.