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Seven Things to Know About Wrongful Death Lawsuits In Alabama

Jan 31, 2025 - Wrongful Death by

It’s hard to imagine anything worse than losing a loved one. Fortunately, the State of Alabama has a law that provides the opportunity for a loved one to receive compensation for a wrongful death. Here are ten important facts to understand about wrongful death in Alabama.

What is a Wrongful Death Action?

Alabama law defines a “wrongful death” as one that is caused by the “wrongful act, omission, or negligence” of another. In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by:

  • A negligent act of another, such as a car accident caused by distracted driving, 
  • Medical malpractice, or
  • An intentional act, which could be a crime or some other intentional act, such as driving under the influence of drugs or alcohol  

Alabama law requires the personal representative to file the wrongful death case in the county where the decedent could have filed their personal injury lawsuit had they survived.

Who Can Take Advantage of the Wrongful Death Statute? 

Unlike other types of personal injury cases, a wrongful death case involves a fatality. Thus, since that person is no longer able to file for compensation from the party that caused the injury, another party must step in to seek redress on his or her behalf. Under Alabama law, the party who can bring a wrongful death lawsuit depends upon whether the decedent was an adult or a minor at the time of death.

Adult Decedents – In many states, the deceased person’s family members are allowed to file a wrongful death lawsuit. But in Alabama, only the personal representative (called an “executor” in some states) of the deceased person’s estate is permitted to file a wrongful death claim.

Minor Decedents –  If the decedent was under 19 years of age, which is a minor in Alabama, by statute, the parents have six months from the date of the child’s death to bring a wrongful death suit. After that six-month period expires, the minor’s personal representative must file the claim.

If the decedent did not identify a personal representative in their will, a court may appoint a close family member, such as a surviving spouse, child, parent, or sibling, to serve as the administrator or executor of the estate. 

How is the Money Distributed?

Alabama has specific laws that address who will receive compensation from a wrongful death lawsuit and in what amount. This statutory distribution follows Alabama’s intestacy laws – the distribution that applies when someone dies without a will. 

  • If the deceased person was married but did not have children or parents, his or her spouse will receive all the money damages. 
  • If the decedent did have children but was not married, the children will receive the wrongful-death settlement, shared equally among themselves.
  • If the decedent is married and has children from that marriage, the spouse will receive the first $50,000 of the award and half of the remaining balance. The children receive the rest of the award, divided among themselves. 
  • If the decedent is married and has children from outside his or her current marriage, the spouse will receive half of the award, and the children will receive the rest.
  • If the decedent is married, does not have children, and has surviving parents, the spouse will receive the first $100,000 plus half of the remaining award. The decedent’s parents will receive the rest. 
  • If the decedent was not married and did not have children, the parents will receive the entire wrongful death award. 
  • If the decedent did not have parents, children, or a spouse, the decedent’s surviving siblings may receive the award. 
  • If there are no relatives who qualify, the award will go to the next closest family members — grandchildren, grandparents, cousins, aunts, uncles, nephews, and nieces.

As you can see, these are complex rules regarding distribution, and it’s important to contact a Tuscaloosa wrongful death attorney as soon as possible to help you understand all of the issues involved. 

What is the Standard of Proof?

In most civil lawsuits, including wrongful death cases, the defendant’s liability need only be shown by a “preponderance of the evidence.” Under this legal standard, the plaintiff must show it’s more likely than not that the defendant is responsible for the decedent’s death. 

What Damages are Recoverable?

Alabama is different from most other states in terms of the damages that can be recovered. In most states, courts award compensatory damages to the decedent’s family in order to compensate them for the financial and emotional loss caused by the decedent’s death. 

Alabama, however, handles damages in wrongful death suits differently. The state’s Supreme Court has held that courts may award only punitive damages in wrongful death cases. The purpose of punitive damages is to punish the defendant and deter other parties from engaging in similar behavior. 

How Long Do I Have to File an Alabama Wrongful Death Lawsuit?

Like most personal injury actions in Alabama, there is generally a 2-year statute of limitations to bring a lawsuit. Certain exceptions apply, including in the case of medical malpractice and for minors who will be bringing a wrongful death action. 

Is it Necessary to Hire a Lawyer?

It’s not necessary to hire a lawyer to represent you. In fact, in Alabama, you can represent yourself in a wrongful death action. However, this is not recommended. Preparing a case is complicated, and there are many procedural requirements and deadlines that must be met. Working with an experienced Tuscaloosa wrongful death attorney is the best way to ensure the best possible result.

Contact a Wrongful Death Attorney as Soon as Possible

Here at the Law Offices of Cross & Smith, we have years of expertise to help you through your wrongful death lawsuit. Whether the death involves a truck accident, a defective medical device, or some other type of personal injury, we put our clients first in order to achieve the best possible resolution. Contact us today for a confidential consultation.

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