Wrongful Death

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action filed when a person’s death is caused by the wrongful act, omission, or negligence of another party. These claims allow the deceased’s estate to seek justice and hold the responsible party accountable.

Who Can File a Wrongful Death Lawsuit in Alabama?

Unlike many states where surviving family members can file directly, only the personal representative (executor) of the deceased’s estate can initiate a wrongful death lawsuit in Alabama. If the deceased did not appoint an executor, the probate court will designate one.

Unique Aspects of Alabama’s Wrongful Death Law

Alabama’s wrongful death statute differs from other states in a key way: it only allows punitive damages rather than compensatory damages. This means the focus is on punishing the responsible party rather than reimbursing the family for financial losses such as medical expenses or lost wages.

Statute of Limitations

Generally, the deadline for filing a wrongful death lawsuit in Alabama is two years from the date of death. Missing this deadline can result in the case being dismissed and the claimant barred from recovery.

Common Causes of Wrongful Death Claims

Wrongful death lawsuits can arise from various situations, including:

  • Car accidents caused by reckless or impaired drivers

  • Medical malpractice due to negligence by healthcare providers

  • Workplace accidents resulting from unsafe conditions

  • Defective products leading to fatal injuries

How Are Damages Distributed?

Unlike other states, Alabama does not allow wrongful death damages to be distributed according to the deceased’s will. Instead, damages are distributed based on Alabama’s intestacy laws. This means heirs who were not involved in the lawsuit may still receive a share. AL Code § 6-5-410 (2024).

Seeking Legal Help

Because Alabama’s wrongful death laws are unique and complex, it’s crucial to consult an experienced attorney who can guide you through the legal process and ensure justice is served. Give us a call today for a FREE CONSULTATION, (205) 582-8000.