Wrongful Death Lawsuits in Alabama

If a family member has died because of someone else's wrongful act--for example, in a car accident or through medical malpractice--you may have a legal right to compensation. Alabama law allows the estate of a deceased person to pursue a wrongful death claim against the person (or people) responsible.

State law covers what you must prove to win your case, who's allowed to sue, and how compensation is calculated and distributed. The state also has crucial deadlines for filing your case in court. The rules for these cases can be complicated, and it's important to understand how Alabama law applies to your situation.

What Is "Wrongful Death"?

Alabama law defines a "wrongful death" as one that is caused by the "wrongful act, omission, or negligence" of another. An individual, multiple people, or a corporation can be legally responsible for a wrongful death. A wrongful death claim could arise from:

• a negligence-based incident (such as a car accident)
• medical malpractice, or
• an intentional act (including a crime).

(Alabama Code § 6-5-391 (2024) § 6-5-410 (2024).)

A Wrongful Death Might Also Be a Crime

In some cases, someone could face criminal charges and a wrongful death lawsuit for the same act. For example, someone who intentionally kills another person could be charged with murder, and also face a civil lawsuit for wrongfully causing the victim's death.

If the death was accidental, the person who caused it could still face a wrongful death lawsuit over their negligent actions even if they are not charged with a crime. However, sometimes someone's behavior is so reckless that they can be criminally liable even though they didn't intend to hurt anybody. For example, if someone causes a fatal accident because of their reckless driving, then they could be charged with homicide under Alabama law.

(Alabama Code § 32-5A-190.1 (2024).)

Proving Liability in a Wrongful Death Case

In a wrongful death case, the plaintiff must prove that the defendant's irresponsible or intentional act caused the victim's death. The specifics of what the plaintiff must prove will differ depending on the kind of case they file. For example, in a negligence case the plaintiff must prove that the defendant's irresponsible behavior directly led to the victim's death.

In a civil lawsuit, the plaintiff must prove the defendant's liability "by a preponderance of the evidence." This means the plaintiff must show that it is more likely than not that the defendant caused the victim's death through negligence, an intentional act, or some other legal fault. This civil standard is much less demanding than the standard in criminal cases, where the prosecution must prove the defendant's guilt "beyond a reasonable doubt."

Learn more about how to prove liability in a wrongful death case.

Who Can File a Wrongful Death Claim in Alabama?

Unlike in other types of personal injury cases, the injured person in a wrongful death case (the deceased) is no longer able to seek compensation from the party that caused the injury; someone else must step in to seek compensation on their behalf. Alabama law determines who can bring a wrongful death claim differently depending on whether the person who died (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. (Alabama Code § 6-5-410 (2024).)

Naming an executor is an important part of estate planning, and people often name their spouses or children to serve in the role. But if the deceased did not have a will or any other estate plan, then the court may appoint an executor or administrator. A court-appointed executor may also serve in place of a named executor or administrator who cannot serve in the role.

Minor decedents. If the decedent was a minor (defined in Alabama as someone younger than 19 years of age), the law gives his or her mother or father six months from the date of the child's death to bring a wrongful death suit. If the parents are deceased, or do not file a claim for any other reason, then the child's personal representative file a claim after the six-month deadline has passed. (Alabama Code § 6-5-391 (2024).)

Learn more about who has the legal right to file a wrongful death lawsuit.

How Do Damages Work in an Alabama Wrongful Death Case?

As in other types of personal injury lawsuits, the defendant's liability in a successful wrongful death case is expressed solely in terms of financial compensation ("damages") that the court orders the defendant to pay to the deceased person's survivors. This is one major difference between a wrongful death lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.

Who Can Receive Compensation in a Wrongful Death Case?

In many states, money from a successful wrongful death claim is distributed according to that person's estate planning documents. The law works differently in Alabama. Compensation from a wrongful death claim in the state is always treated as if the deceased had no will, and is distributed according to Alabama's rules for intestate succession.

In general, these rules prioritize compensating children and spouses first. But remember that Alabama law determines who receives compensation in a wrongful death lawsuit. The state does not make exceptions based on the wishes of the deceased, or the financial needs of particular survivors. So, if you're considering a wrongful death lawsuit in Alabama, be sure you understand who would be entitled to compensation.

(Alabama Code § 6-5-391(c) (2024); Alabama Code § 6-5-410(c) (2024); Steele v. Steele, 623 So. 2d 1140 (Ala. 1993).)

Alabama Only Allows Punitive Damages in Wrongful Death Cases

In most states, plaintiffs in wrongful death cases might be entitled to both compensatory damages and punitive damages.

Courts award compensatory damages for economic losses and other less tangible harms. For example, compensatory damages could cover things like funeral costs and medical bills, as well as the lost income that the deceased was likely to earn had they survived. Courts can also use compensatory damages to cover non-economic harm--for example, the loss of a loved one's companionship.

The law works differently in Alabama. The state's supreme court has ruled that only punitive damages are available in an Alabama wrongful death case. Punitive damages, like compensatory damages, are awarded to the decedent's survivors. But the purpose of punitive damages is to punish the defendant and deter other parties from engaging in similar behavior. In other words, while most states focus on the loss of the deceased person's life and seek to compensate the person's survivors for that loss, Alabama wrongful death law focuses on the wrongdoing of the defendant.

(Roberts v. State, 863 So. 2d 1149, 1158 (Ala. Crim. App. 2002).)

Alabama Does Not Cap Damages in Wrongful Death Cases

Alabama law generally limits the amount of punitive damages a plaintiff can receive in a civil lawsuit. But the state specifically excludes wrongful death claims from these caps. This means a judge or jury can award any amount of compensation they think is reasonable under the law, instead of being limited by state law. If a defendant believes the amount was unfairly high, they can appeal and ask a higher court to reduce or overturn the award.

(Alabama Code § 6-2-38(j) (2024).)

Other Possible Options for Compensation

Alabama's wrongful death statute only allows punitive damages, but there are other state laws that might entitle survivors to additional compensation.

Compensation for property damage. The deceased's personal representative may be able to file a lawsuit seeking compensation for damaged or destroyed property. This option only covers property that was damaged in the same incident that led to the death.

For example, if someone negligently causes a car accident that kills the other driver and wrecks their vehicle, it could result in both a wrongful death claim and a claim for the value of the totaled vehicle. Compensation under this law is distributed according to the same rules Alabama uses for wrongful death compensation. (Alabama Code § 6-5-411 (2024).)

Criminal restitution. If the deceased was killed by someone else's criminal act, then their loved ones may be entitled to restitution. Restitution is designed to compensate people for the financial losses they've suffered because of the defendant's criminal acts. When the crime results in someone's death, survivors can be compensated for things like medical and burial expenses. If they have to travel or miss work (for example, in order to make court appearances) then restitution can cover those costs as well. Keep in mind that restitution does not include punitive damages, or compensation for non-economic harm like like pain and suffering (Gladden v. State, 644 So. 2d 1267, 1268 (Ala. Crim. App. 1993).)

Wrongful Death Claims vs. Survival Claims

In addition to a wrongful death claim, the deceased's survivors may be able to pursue a survival claim. Survival actions got their name because they are lawsuits that "survive" the death of the person who filed them. So, for example, imagine that someone is severely injured in a car accident. They (or someone legally authorized to act on their behalf) file a personal injury claim against the other driver. If the person later dies of their injuries, their personal representative can continue the personal injury lawsuit.

Damages could be much higher in a survival action. As we've discussed, only punitive damages (intended to punish the person responsible) are allowed in wrongful death claims. In a survival action, on the other hand, the deceased's heirs can claim the same personal injury damages that would have been available to the deceased. For example, a personal injury claim that continues as a survival action could lead to compensation for the deceased's:

• medical bills
• lost wages, and
• pain and suffering.

The availability of these kinds of damages could mean significantly more compensation than the punitive damages available in a wrongful death lawsuit.

Survival actions only cover the deceased's damages. Since a survival action is the continuation of a personal injury lawsuit, damages can only compensate for harm suffered by the deceased while they were still alive. A survival action cannot, for example, compensate for the pain and suffering of family members, or for income the deceased might have earned had they lived.

You can pursue both a survival action and a wrongful death claim. You do not have to choose whether to file a wrongful death case or to pursue a survival action. Alabama allows plaintiffs to file a wrongful death claim while, at the same time, continuing a personal injury claim the deceased filed before passing away. And keep in mind that the punitive damages in a wrongful death claim do not compensate for the same things as the damages available in a survival action. This means compensation from a survival action would be in addition to--not instead of--compensation from a wrongful death claim.

(Alabama Code § 6-5-462 (2024).)

How Long Do I Have to File a Wrongful Death Claim in Alabama?

Wrongful death claims must be filed within a specific period of time, set by a law known as a statute of limitations. In Alabama, the filing deadline for a wrongful death lawsuit is two years from the date of the person's death. In exceptional cases, a court might grant a plaintiff more time to file their claim. But missing the filing deadline usually means permanently losing your right to pursue compensation. (Alabama Code § 6-2-38 (2024).)

Learn more about Alabama's statutes of limitations.

Getting Help With Your Wrongful Death Claim

If you're thinking of filing a wrongful death lawsuit in Alabama, consider consulting a personal injury attorney. Wrongful death cases can be complicated, and a lawyer who is experienced in this area can explain how the law might apply to your specific situation.