Alabama Wrongful Death Lawyer

Only the personal representative of the deceased person’s estate (Ala. Code § 6-5-410). A spouse, parent, or child cannot sue in their own name — if no estate has been opened, a family member must first be appointed personal representative by the probate court, and that person files on behalf of the heirs. The recovery does not belong to the estate, though: the statute directs it to the heirs under Alabama’s rules of intestate distribution, and creditors of the deceased cannot touch it.

There is one exception for children. When a minor dies, the parents may bring the claim themselves; if they have not filed within six months, the personal representative may (Ala. Code § 6-5-391).

In most states a wrongful death jury adds up medical bills, lost income, and the family’s loss. Alabama’s statute does something else entirely. As the Alabama Supreme Court explained in Pollard v. H.C. Partnership (2020), the Act exists to deter homicide by imposing punitive damages; the personal representative prosecutes the claim as a trustee for the heirs, and no part of the award reimburses the estate.

In practice that means the case is argued around the wrongdoer’s conduct — how careless or reckless it was — rather than around the family’s financial losses. A driver texting at highway speed, a trucking company that ignored its own inspection records, a bar that kept serving a visibly drunk customer: the worse the conduct, the larger the award the jury can justify. Alabama’s general cap on punitive damages does not apply to wrongful death cases (Ala. Code § 6-11-21).

The personal representative must prove that the defendant’s wrongful act, omission, or negligence caused the death and that the deceased could have sued for the injury had they lived. Alabama’s contributory negligence rule still applies: if the defense proves the deceased’s own carelessness proximately contributed to the crash, the claim can be barred outright. Contributory negligence is not a defense to wanton conduct — a reckless or conscious disregard for the safety of others (Ala. Code § 6-11-20) — which is one reason wantonness is pleaded in nearly every serious Alabama death case.

Drunk driving is a common example. A conviction under Alabama’s DUI law (Ala. Code § 32-5A-191) does not automatically prove wantonness, but evidence that a driver chose to get behind the wheel impaired can support a wantonness finding and punitive damages. Where a bar or restaurant knowingly served a visibly intoxicated person, Alabama’s dram shop law (Ala. Code § 6-5-71) may make the seller liable too.

Two years from the date of death (Ala. Code § 6-5-410). Alabama courts treat that deadline as part of the claim itself, not a mere procedural rule, so there is little room for exceptions. Claims involving a city vehicle or a city-maintained road require a sworn claim within six months (Ala. Code § 11-47-23), and claims against a county must be presented within twelve months (Ala. Code § 11-12-8) — long before the two-year mark.

At your family’s pace, with the parts that cannot wait handled immediately: preserving vehicle data, crash reports, video, and witness statements, and helping open the estate so the claim can be filed by the right person. Decisions about settlement stay entirely in your hands. The consultation is free and carries no obligation; if we take the case, we advance the costs and are paid only from the recovery. Meet the attorneys on our team page.