Alabama Wrongful Death Lawyer

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Losing a family member because of someone else's carelessness is devastating, and Alabama's wrongful death law works differently from every other state. This office helps families across Selma, Montgomery, and the Black Belt understand their rights and hold the responsible party accountable.

Who can bring a wrongful death claim in Alabama?

Under Alabama Code Section 6-5-410, a wrongful death claim is brought by the personal representative of the deceased person's estate, not directly by the family members. Any money recovered passes to the heirs under Alabama's rules for distributing an estate, and it is generally not reachable by the estate's creditors.

What makes Alabama wrongful death law unusual?

Alabama is the only state where wrongful death damages are punitive only. The recovery is meant to punish and deter the wrongful conduct, not to reimburse the family for lost income, medical bills, funeral costs, or grief. The Alabama Supreme Court has applied this rule for well over a century and has reaffirmed it in recent years. It is a major reason these cases are handled differently here than anywhere else.

What is the deadline for a wrongful death case?

Alabama generally requires a wrongful death action to be filed within two years of the date of death, under Alabama Code Section 6-2-38. That deadline is strict, and because a personal representative usually must be appointed first, it is important not to wait.

What kinds of cases lead to a wrongful death claim?

Fatal car and truck wrecks, and other deaths caused by another party's negligence or worse, can support a wrongful death claim. The question is whether someone else's wrongful conduct caused the death.

What should a family do after a loss?

Preserve what you can, keep records and any evidence, and speak with a lawyer before dealing with an insurer, because the early steps, including having a personal representative appointed, shape the case. A conversation is free and there is no obligation.

Frequently asked questions

Who receives the money in an Alabama wrongful death case? It passes to the heirs under Alabama's distribution rules, not through the estate's creditors.

How long do we have to file? Generally two years from the date of death under Alabama Code Section 6-2-38, and because a representative must be appointed, do not wait.

How much does a wrongful death lawyer cost? A consultation is free. Every case is different, and the office will explain how fees work when you call. Call (334) 230-7986.

A case review is free and confidential. Call (334) 230-7986 or start your free case review online.