Birmingham Wrongful Death Attorney Applauds Alabama Court Ruling

    BIRMINGHAM, AL, March 02, 2012 /24-7PressRelease/ -- Under traditional Alabama common law, claims for fetal injuries resulting in death could only be brought when the fetus was viable outside the mother's womb. However, the recent case of Mack v. Carmack has changed all of this. Citing a law passed by the Alabama legislature that defines a person as a "human being...regardless of viability", the Court ruled that Alabama's Wrongful Death Act allows an action for the death of a fetus caused by someone's negligence, whether viable or not.

Birmingham personal injury attorney, Whit Drake, hailed the decision as well-written and a correct application of Alabama's law: "For too long now, much of the legislation from Montgomery has been pro-business tort reform. This decision correctly interprets Alabama law and re-affirms the rights of a mother to obtain legal redress for her loss". According to Drake, the changed law will allow mothers suffering fetal miscarriages caused by car accidents to make a claim, where under previous law, they could only make a claim for their own injuries. "As a car accident attorney for 23 years, I have known multiple clients who have been in severe crashes and suffered a miscarriage shortly thereafter."

The ruling by the Court traced the history of fetal death litigation. They noted that it seemed unfair to essentially reward a wrongdoer for causing a fatal injury before viability, whereas a similar wrongdoer could be liable for the exact same conduct simply because the fetus was viable.

According to Mr. Drake, the Mack decision will further the aim of the Alabama Wrongful Death Act, which is to prevent and deter conduct resulting in a homicide. "This change in the law will help protect all unborn children, whether viable or not."

Whit Drake is the founder and principal member of Drake Law Firm, a personal injury firm handling wrongful death claims throughout Alabama. Their website is http://www.drakelawal.com.

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