In the state of Alabama, the death laws are unique in comparison to other states. This is due to the fact that Alabama doesn't allow just anyone to seek out compensation for the wrongful death action. In other states, any family member can seek out the damages for both economic and non-economic loss including medical expenses, funeral and burial costs, and so on. However, in the state of Alabama, the only person that can file this claim is the personal representative of the estate.
It's important to note that punitive damages are quite different from compensatory damages. Punitive damages are to punish the defendant for the wrongful death and to deter any future wrongdoers. However, these are awarded to the estate so that they may be used to pay for such thins as the outstanding medical bills, the funeral or burial, and so on.
It's vital to note that if the person filed the claim prior to their death, this action may survive them. This is referred to as a survival action. In such a case, the damages that aren't recoverable will be based upon their loss and thus the pain, suffering, medical costs, lost wages, property damages, and consortium are all recoverable.
Although the actions are separate, they may be pursued concurrently due to the situation.