What Is Alabama’s Punitive Damages Statute?

In Alabama, punitive damages are governed by law. Alabama Code Section 6-11-20 provides that punitive damages may be awarded in wrongful death cases and tort actions when there is clear evidence that the defendant intentionally acted with “oppression, fraud, wantonness, or malice.”

What Are Punitive Damages?

Many people mistake punitive damages and pain and suffering. However, these two types of damages are distinct. Damages for pain and suffering are compensatory and intended to make the injured victim whole again – to offset the physical and emotional discomfort of their injuries. On the other hand, punitive damages are meant to put an additional penalty on the defendant for their egregious conduct. They are also designed to discourage others from the same actions.

Punitive damages are one of several different types of damages that can be awarded in personal injury claims. Here are some examples of when a court might award punitive damages:

• A driver purposefully hits a pedestrian or other driver with their vehicle
• An intoxicated driver getting behind the wheel of a car and injuring someone else
• A used car salesperson selling a vehicle they know is defective
• Police officers using excessive force motivated by malice, resulting in injuries

In wrongful death cases, Alabama only allows punitive damages to be awarded. A wrongful death claim typically arises when a person dies because of the negligence of others. Generally speaking, it must be brought by the personal representative of the deceased’s estate within two years of their death.

What Is Alabama’s Cap on Punitive Damages?

Under Alabama law, punitive damage awards cannot exceed certain limits. The cap for punitive damages in personal injury lawsuits is three times the amount of compensatory damages or $1,500,000 – whichever is greater. For most cases not involving physical injury, punitive damages cannot exceed three times the compensatory damages or $500,000 – whichever is greater. Under the statutory cap on punitive damages, “physical injuries” means actual bodily injuries and does not include the physical symptoms of mental anguish or emotional distress caused by mental suffering.

How to Calculate Punitive Damages

Punitive damages are awarded at the court’s discretion. Your attorney will calculate punitive damages allowed under Alabama law and present that number for the judge or jury’s consideration.

At Stokes Stemle, LLC, our experienced personal injury attorneys deal with a wide range of claims. From motor vehicle accidents to slips and falls and from dog bites to dangerous drugs, we have the experience to help you with your case.

We can review the circumstances to determine the range of compensable and punitive damages you could be owed. If you are entitled to punitive damages, we won’t hesitate to take your claim to court to demand the full justice you deserve. Contact us today for a free consultation with a personal injury lawyer in Alabama.

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Woman Charged After Fatal Car Accident in Montgomery

Local media reports that a woman is facing a murder charge after striking a pedestrian with her car on the southeast side of Montgomery, AL, on November 30, 2022.

How Did This Fatal Car Accident Happen?

Police say Keandia Rene O’Neal fatally hit a 57-year-old male pedestrian with her 2010 Ford Mustang at about 10 p.m. last November 30 near Park Towne Way and Troy Highway.

O’Neal admitted she had been driving recklessly. Officers took her into custody and placed her in the Montgomery County Detention Facility. The court set her bond at $1.5 million.

Fatal Car Crash Statistics in Montgomery, Alabama

The Alabama Department of Transportation reports that 10,475 traffic accidents resulted in 3,673 injuries and 31 fatalities in Montgomery County in one recent year.

Furthermore, per ADOT, a traffic accident happens every three minutes and 55 seconds. The state saw 853 fatal accidents that killed 932 people in another recent year, equivalent to one person dying in a car crash every 9 hours and 20 minutes.

Although most accidents in Alabama occur in urban areas, crashes in rural areas account for the most traffic deaths.

What to Do After a Fatal Car Wreck in Montgomery, AL

If your family member dies in a fatal car crash, the steps you take next are crucial to seeking justice on their behalf and claiming compensation for what you’ve lost.

The personal representative of a deceased adult’s estate is the only person allowed to pursue a wrongful death lawsuit in Alabama. This person is established in the deceased’s will or will be appointed by the courts if they did not have an estate plan in place. If you’re the personal representative, hire a personal injury lawyer. If someone else is the personal representative, urge them to do the same.

If you lost a child under 19 in a fatal car crash, you have six months from their death to bring a wrongful death claim. If six months pass and you don’t file, their personal representative can do so.

Your attorney can investigate the accident to determine who is at fault and who might be liable for the surviving family’s financial and emotional losses. The evidence they need will depend on the circumstances of your case but could include the following:

• Medical records establishing your loved one’s fatal injury from the collision
• Statements from eyewitnesses regarding the events leading up to the crash
• The police report with the investigating officer’s observations about what might have happened
• Traffic camera footage showing the moments before, during, and after the accident
• Photographs from the scene showing vehicle damage and road debris
• Final medical bills, funeral costs, and other documentation to prove the expenses incurred from the death

Contact the Montgomery Car Accident Lawyers if You’ve Been Injured

At Stokes Stemle, LLC, we know that no amount of money can change what happened or bring your loved one back. However, it can provide financial stability during a difficult time, as well as a crucial measure of justice.

If your family member died in a fatal car accident someone else caused, call or contact us online for a free consultation at one of our Alabama offices.

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