Wrongful Death Lawsuits in Alabama
Who can bring a wrongful death claim in Alabama, the deadline to file, and any limits on damages.
Short answer: The personal representative of the person who died brings the wrongful death action. Damages are not used to pay the deceased person's debts and are distributed under the state's laws of distribution. Ala. Code §§ 6-5-410, 6-5-391
| Who can sue for wrongful death | The personal representative of the person who died brings the wrongful death action. Damages are not used to pay the deceased person's debts and are distributed under the state's laws of distribution. For the death of a minor child, the father or mother may sue; if both parents are dead or they do not file within six months after the death, the child's personal representative may sue. Source: Ala. Code §§ 6-5-410, 6-5-391 |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within two years after the death. |
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FAQ
Who can file a wrongful death lawsuit in Alabama?
The personal representative of the person who died brings the wrongful death action. Damages are not used to pay the deceased person's debts and are distributed under the state's laws of distribution. For the death of a minor child, the father or mother may sue; if both parents are dead or they do not file within six months after the death, the child's personal representative may sue.
How long do you have to file a wrongful death lawsuit in Alabama?
A wrongful death lawsuit must be filed within two years after the death.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.