Losing someone in a sudden accident is heartbreaking. When that loss is caused by another person’s negligence or wrongdoing, Alabama law allows certain family members to seek justice through a wrongful death claim. Understanding how wrongful death laws work in Alabama can help surviving families make informed decisions about their legal options and financial future.

Who Can File a Wrongful Death Lawsuit in Alabama?

In Alabama, wrongful death claims must be filed by the personal representative (also called the executor) of the deceased person’s estate. Family members like a spouse, child, or parent cannot file the claim directly unless they have been appointed as the personal representative by the court.

Even though the representative files the lawsuit, any damages awarded go to the heirs of the deceased—not the estate itself.

What Qualifies as Wrongful Death in Alabama?

A wrongful death occurs when someone dies due to the negligence, omission, or wrongful act of another person or entity. This includes:

• Car accidents caused by reckless drivers
• Fatal workplace incidents
• Medical malpractice
• Defective products
• Criminal actions, such as assault or homicide

If the deceased could have filed a personal injury lawsuit had they survived, then the family may have a wrongful death claim.

What Makes Alabama Different From Other States?

Alabama’s wrongful death laws are unique in that they only allow punitive damages—not compensatory damages. That means the purpose of the lawsuit is to punish the wrongdoer, not to compensate the family for lost income or funeral costs.

The amount of punitive damages awarded depends on the severity of the defendant’s misconduct. Even in cases involving clear economic loss, juries cannot award damages for things like medical bills or pain and suffering.

Time Limits to File a Wrongful Death Lawsuit

Under Alabama law, wrongful death claims must be filed within two years of the date of the person’s death. If you miss the deadline, you may lose your right to pursue compensation in court.

There are some exceptions in rare cases, but it’s best to consult an attorney as soon as possible to protect your rights.

Can You File a Wrongful Death Claim After a Car Accident?

Yes. Car crashes are among the most common causes of wrongful death in Alabama. If a reckless, distracted, or intoxicated driver caused the fatal accident, the personal representative of the victim’s estate can file a wrongful death lawsuit against the at-fault party.

What If Criminal Charges Are Involved?

A wrongful death claim is a civil case, not a criminal one. That means it can proceed whether or not the defendant is facing criminal charges. Even if a person is acquitted in criminal court, they can still be held financially accountable in civil court for causing a death.

Frequently Asked Questions About Wrongful Death in Alabama

What is the difference between wrongful death and manslaughter?

Wrongful death is a civil claim filed for monetary damages, while manslaughter is a criminal charge brought by the government. One does not depend on the other, and both can occur from the same incident.

Can siblings file a wrongful death claim?

In Alabama, siblings cannot file a wrongful death claim unless they are named as the personal representative of the estate. The right to sue belongs only to the representative.

How are damages distributed to family members?

If the lawsuit is successful, the damages go directly to the heirs of the deceased. This is done outside of the probate process.

What if the person who died was partially at fault?

Alabama follows a strict contributory negligence rule. If the deceased was found to be even 1% at fault for their own death, the wrongful death claim may be barred completely.

Call for Legal Help Today

Wrongful death cases in Alabama are legally complex and emotionally challenging. If you’ve lost a loved one in a preventable accident, it’s important to speak with an experienced wrongful death attorney who understands the state’s unique laws. A skilled lawyer can help you understand your rights and fight for the justice your loved one deserves.