How long do I have to file a wrongful death lawsuit in Alabama?

In most cases, an Alabama wrongful death lawsuit must be filed within two years of the date of death. If the case is filed after that two-year period, the court will usually dismiss it, regardless of how strong the facts might be. Because only the personal representative may file, it is important to open an estate and have a representative appointed well before the deadline. This answer is informational only and not legal advice.

What damages are available in an Alabama wrongful death case?

Alabama is different from most states: wrongful death damages are purely punitive. That means they are meant to punish the wrongdoer and deter similar conduct, rather than compensate the family for specific financial losses or emotional harm. Under the wrongful death statute itself, you do not recover separate amounts for medical bills, funeral costs, lost income, or grief. The jury instead considers the overall wrongfulness of the conduct and sets a punitive amount. Although this structure can feel at odds with what families are going through, it is how Alabama’s wrongful death law is written. An attorney can help you understand whether other related claims may address medical bills or other losses in your situation. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Alabama?

In Alabama, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate. This is usually the executor named in a will or, if there is no will, an administrator appointed by the probate court. Individual family members—such as a spouse, child, or parent—do not file their own separate wrongful death cases. Instead, the personal representative brings a single action, and any recovery is later distributed to the statutory heirs. This answer is general information only and not legal advice.

How long do I have to file a wrongful death lawsuit in Alabama?

In most cases, an Alabama wrongful death lawsuit must be filed within two years of the date of death. If the case is filed after that two-year period, the court will usually dismiss it, regardless of how strong the facts might be. Because only the personal representative may file, it is important to open an estate and have a representative appointed well before the deadline. This answer is informational only and not legal advice.

What damages are available in an Alabama wrongful death case?

Alabama is different from most states: wrongful death damages are purely punitive. That means they are meant to punish the wrongdoer and deter similar conduct, rather than compensate the family for specific financial losses or emotional harm. Under the wrongful death statute itself, you do not recover separate amounts for medical bills, funeral costs, lost income, or grief. The jury instead considers the overall wrongfulness of the conduct and sets a punitive amount. Although this structure can feel at odds with what families are going through, it is how Alabama’s wrongful death law is written. An attorney can help you understand whether other related claims may address medical bills or other losses in your situation. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Alabama?

In Alabama, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate. This is usually the executor named in a will or, if there is no will, an administrator appointed by the probate court. Individual family members—such as a spouse, child, or parent—do not file their own separate wrongful death cases. Instead, the personal representative brings a single action, and any recovery is later distributed to the statutory heirs. This answer is general information only and not legal advice.

Alabama Wrongful Death Law Guide

Quick facts for Alabama

Who can file: In Alabama, a wrongful death action must be brought by the personal representative of the decedent’s estate. Family members do not file individual wrongful death lawsuits; instead, they may share in any recovery obtained by the representative.

Deadline to file: Most Alabama wrongful death actions must be filed within two years of the date of death.

Key statute: Ala. Code §§ 6-5-391, 6-5-410

Types of compensation families may pursue

Punitive damages intended to punish the wrongdoer and deter similar conduct

No separate recovery for medical bills, lost income, or grief under the wrongful death statute (those may be addressed in other claims in limited circumstances)

Alabama does not impose a general statutory cap on wrongful death damages, but punitive damages may be affected by constitutional due-process limits and case law. Separate statutory caps apply in some medical malpractice situations.

Alabama wrongful death law: a guide for grieving families

Alabama’s wrongful death law is unlike almost any other state. Instead of focusing on your family’s financial losses, it focuses on punishing the wrongdoer. That can feel jarring when you are worrying about medical bills, funeral expenses, and lost income.

This guide walks through the basics in plain English so you can understand what Alabama law actually allows.

1. What is a “wrongful death” in Alabama?

A wrongful death occurs when a person dies because of someone else’s wrongful act, omission, or negligence—and the deceased could have brought a personal-injury lawsuit if they had survived.

Common examples include:

Fatal car and truck crashes
Medical malpractice or nursing home neglect
Unsafe premises (falls, fires, inadequate security)
Defective products or machinery

The wrongful death action is a civil case, separate from any criminal charges.

2. Who can file the lawsuit?

In Alabama, the personal representative of the decedent’s estate must file the wrongful death action:

If there is a will, this is usually the executor named in the will.
If there is no will, the probate court appoints an administrator.

Family members (spouse, children, parents) do not file separate wrongful death lawsuits. They may, however, be the people who ultimately receive the money if the case is successful.

3. What damages are allowed? (Punitive-only system)

Alabama’s wrongful death statute is punitive only. That means:

The jury awards damages to punish the wrongdoer and deter similar conduct.
The award is not calculated by adding up medical bills, lost income, or pain and suffering.
You cannot recover separately for grief, sorrow, or the decedent’s own pain and suffering under the wrongful death claim.

This does not mean those losses aren’t real. It simply means the statute is structured differently, and any recovery is framed as punishment rather than reimbursement.

4. How are wrongful death proceeds distributed?

If the case is successful:

The money does not become part of the estate to pay debts.
Instead, it passes directly to the statutory heirs at law, similar to how property would pass if the person died without a will.

5. Are there damage caps?

There is no general, fixed dollar cap written into Alabama’s wrongful death statute, but:

Particular contexts (such as medical malpractice) can involve statutory limits.
Constitutional rules about excessive punitive damages also apply.

6. How long do families have to file?

In most cases, the personal representative must file the wrongful death action:

Within two years of the date of death.

Missing this deadline is usually fatal to the claim.

7. First steps for families

Open an estate and have a personal representative appointed if one is not already in place.
Gather key records: death certificate, accident reports, medical records, and any insurance information.
Keep receipts for funeral and burial costs, even though they are not directly itemized in the wrongful death claim—your attorney may need them to understand the full context.
Talk with an Alabama wrongful death attorney about how the punitive-only system affects your case.

8. Important disclaimer

This guide is general information, not legal advice. Wrongful death law is complex, and results depend on the specific facts of each case.