Alabama's Unique Wrongful Death Statute
Losing a loved one due to the negligence or intentional act of another is an unimaginable tragedy. When seeking legal recourse, it is vital to understand that Alabama's wrongful death law is completely unique compared to every other state in the nation. Navigating this law requires an attorney with specific experience in Alabama wrongful death litigation.
Only Punitive Damages Are Allowed
In 49 other states, the family of a deceased person can sue for "compensatory damages"—money to replace lost income, pay medical and funeral bills, and compensate for emotional pain and suffering. Alabama law does not allow compensatory damages in wrongful death cases.
In Alabama, the only damages a jury can award in a wrongful death suit are punitive damages. The purpose of punitive damages is not to compensate the family, but to punish the wrongdoer for their negligence and to deter others from committing similar acts in the future. The amount awarded depends entirely on the egregiousness of the defendant's conduct, not the financial value of the life lost.
Who Can File a Wrongful Death Claim?
Because the focus is on punishing the wrongdoer, Alabama law places strict rules on who can bring the lawsuit:
- For Adults: Only the officially appointed personal representative (executor or administrator) of the deceased person's estate can file the lawsuit. The family must go through probate court to have an administrator appointed before filing the suit.
- For Minors: If the deceased is a minor (under 19), the parents have six months to file the claim. After six months, the right to file passes to the personal representative of the minor's estate.
Any damages recovered are not considered part of the deceased's estate for the purpose of paying creditors. Instead, the money passes directly to the deceased's heirs according to Alabama's laws of intestate succession.
The Statute of Limitations
Time is of the essence. In Alabama, a wrongful death lawsuit must generally be filed within two years from the date of the person's death. Failing to file within this deadline will permanently bar the estate from seeking justice.
Wrongful death cases are complex, high-stakes litigation. If you have lost a family member, our personal injury attorneys are here to help you hold the responsible parties accountable. Contact us for a compassionate, free consultation.