Wrongful Death

*Disclaimer: The guide on this page does not officially reflect Glenda Cochran & Associates LLC’s practices but is instead a preview of our approach to the topic. Only consult directly with a professional, bar-licensed attorney for authorized advice concerning the legal aspects of a specific case.

It is easy to understand that when a fatal accident occurs, the surviving family members may feel a myriad of heavy emotions at once—shock, anger, hopelessness, and uncertainty about where to turn.

Next of kin grieving such a tragedy can often feel overwhelmed with medical expenses, funeral expenses, and more unexpected responsibilities. That’s why we understand if they feel nervous or reluctant to turn to a lawyer for help, even if they know or believe that the loved one’s death was the fault of a third party (someone else’s negligence or wrongful action).

To learn more about wrongful deaths according to Alabama Wrongful Death Law and how to approach a wrongful death claim, please review this helpful Q&A style guide (with answers from an experienced wrongful death attorney) as an informal reference:

How Does Alabama Law Define a Wrongful Death?

A wrongful death occurs when a wrongful act, omission, or negligence causes the victim’s death.

What Kind of Incidents Are Causes of Wrongful Death?

• Car accidents (at the fault of a drunk driver or otherwise distracted driving)
• Improper service of alcohol (dram shop)
• Workplace and industrial accidents
• Nursing home abuse and neglect
• Shootings by police or by others
• Motorcycle accidents
• Pedestrian accidents
• Medical malpractice
• Boating accidents
• Premises liability
• Truck accidents
• Product defects
• Plane crashes

Wrongful death lawsuits are civil in nature. They seek money damages brought on behalf of the legal heirs of a deceased person, typically their surviving spouse and children. Filing lawsuits in this civil manner is separate and distinct from any criminal prosecution that the State might bring against a wrongdoer.

How Do Wrongful Death Claims Work in Alabama?

Alabama’s wrongful death laws are unique. The right of action is purely statutory and arises under Ala. Code § 6-5-410. As in other states, wrongful death actions in Alabama require the plaintiff to prove that the decedent’s death was caused by a defendant’s negligent or otherwise wrongful conduct. However, unlike in almost all other states, no compensation is allowed based on the monetary value of the decedent’s life.

Thus, it does not matter, for example, how much or how little income the decedent would have likely earned over the remainder of their lifetime. Instead, the damages for wrongful death claims in Alabama are solely punitive in nature. Such punitive damages are awarded to punish the wrongdoer and to discourage similar wrongs in the future. Therefore, the amount of damages awarded relates directly to the culpability of the defendant’s conduct, that is, how bad that conduct was.

The damages awarded in Alabama wrongful death actions pass to the decedent’s heirs as determined by probate code provisions specifying the distribution of an estate when a person has died without a will. See Ala. Code § 43-8-40 to -48. Further, the award passes directly to such statutory heirs, regardless if the decedent had a will, and the funds do not become part of the decedent’s estate. Therefore, they are not subject to the debts or liabilities of the estate. Also, they are not subject to state or federal taxes because they are punitive damages.

Who Can File a Wrongful Death Claim?

In general, the only person who may file a wrongful death action in Alabama is the personal representative of the decedent’s estate.

If the decedent had a will, the person designated by the will as its executor will be the personal representative. If the decedent died without a will, a probate court has to appoint an administrator of the estate, see Ala. Code §§ 43-2-40 to -48, who would serve as the personal representative. Priority to serve as administrator is generally granted, in order, to the surviving spouse, next of kin who would be heirs of the estate, estate creditors, and the county administrator. Ala. Code §§ 43-2-42. Such a family member or other enumerated parties must file a petition in the probate court to serve as administrator within 40 days after the death to preserve their right of priority.

An exception to the rule that only a “personal representative” may bring a wrongful death action exists where the decedent is a minor at the time of death, meaning less than 19 years old. Ala. Code §§ 6-5-390, -391.

In such cases, the mother and father of the deceased child each have an equal right to bring the wrongful death suit, provided they are lawfully living together as husband and wife. If they are not, the party with legal custody of the minor child has an exclusive right to commence the suit. If no wrongful death case claim is filed within six months of the death, the decedent’s representative may bring the action. Another exception to the “personal representative” requirement exists under the Alabama Workers’ Compensation Act. Namely, if a person’s death arises out of and in the course of the person’s employment, a wrongful death claim against a third party other than the decedent’s employer, for example, the manufacturer of a defective product causing the death, is brought by the deceased worker’s “dependents.” Ala. Code § 25-5-11(a). Dependents generally include the surviving spouse and minor children. If the decedent had no dependents at the time of his death, the personal representative may bring the action.

Who Can File a Wrongful Death Claim?

Regardless of their despair and stress, the bereaved’s timing in obtaining a lawyer after such a wrongful death often makes the most difference in legal actions to hold responsible parties accountable.

Allow our founder and copartner Attorney Glenda Cochran (multi-award winning Birmingham, Alabama Personal Injury + Wrongful Death Lawyer) to elaborate:

“In accordance with the measures of state laws, litigation timing is especially of the essence for evidence collection— to help ensure that it is not lost, altered, or destroyed—and interviewing for witness statements while their memories are still fresh.

If experienced wrongful death lawyers are fighting for your family’s rights and seeking justice and compensation for you after an accident took your loved one’s life, they must dutifully collect evidence, build your case, and protect your rights in a timely manner.”

When Must My Attorney Make a Wrongful Death Claim?

The Alabama wrongful death statute contains a two-year statute of limitations. Ala. Code § 6-5-410(d). This means that a wrongful death lawsuit must be filed within two years of the person’s death—not the wrongful act—by a wrongful death attorney.

Why Choose Glenda Cochran Associates?

WE’VE BEEN DEFENDING WRONGFUL DEATH VICTIMS—AND WINNING—FOR 30 YEARS

Our wrongful death lawyers at Glenda Cochran & Associates, LLC have decades of experience handling these cases and we have recovered millions of dollars on behalf of our clients. Contact us today for a free consultation and case review—we sincerely look forward to hearing your story and seeing how we can help.

We’re the Alabama Wrongful Death Attorneys You Can Count On!

We at Glenda Cochran & Associates, LLC, are known throughout Central Alabama and recognized by lawmakers across the country for our commitment to serving Birmingham, Alabama, and surrounding communities—and we’re even better known for the millions we’ve won for our clients here.

Want to see our team taking action in our community? Check out our media gallery for blogs, videos, real testimonials, and more.