The wrongful death statute of limitations in Alabama is strict. Generally, you only have two years from the date of your loved one’s death to file a wrongful death claim.
If you miss the deadline, you may lose your chance to get damages forever.
For this reason, it is important to know the time limits for wrongful death cases in Alabama. This affects your claim and your right to get compensation.
Don’t try to go alone. Contact our Alabama personal injury lawyers today for a free review of your wrongful death case and to learn about important deadlines.
What Is a Wrongful Death Claim in Alabama?
A wrongful death claim happens when one person’s death is caused by another person’s bad actions, carelessness, or misconduct.
Examples include:
- Fatal car accidents caused by drunk or distracted drivers
- Medical malpractice leading to a patient’s death
- Dangerous or defective products
- Workplace or industrial accidents
Who Can File a Wrongful Death Claim?
In Alabama, only the personal representative of a deceased person’s estate can file a wrongful death lawsuit. The damages recovered go directly to the heirs, not to the estate itself.
Before filing a lawsuit, Alabama law requires that a personal representative of the victim be officially designated.
The personal representative then brings legal action for the victim’s wrongful death.
Although you can undertake this process on your own, it could delay your ability to pursue a legal claim if you aren’t familiar with the process or run into many obstacles along the way.
Having an experienced attorney working on your behalf helps protect your legal rights and ensures that your claim is handled in a timely manner.
In many cases, your attorney can successfully negotiate a settlement with the at-fault party’s insurance company.
In other cases, however, you might need to pursue a civil suit, making the timeframe of your case even more critical.
What Is the Time Limit to File a Wrongful Death Claim in Alabama?
Under Ala. Code § 6-5-410, families generally have two years from the date of death to file a wrongful death lawsuit in Alabama courts.
- The clock begins on the date of death — not the date of injury.
- If you miss this two-year window, the court will almost always dismiss your case.
Exceptions and Shorter Deadlines
1. Claims Against a City
If the negligent party is a city or town, you must present your claim to the city clerk within six months of the death.
- Failing to file within this period will bar your claim.
- This applies to situations like deadly car crashes with city vehicles.
2. Claims Against a County
For claims against a county government, you have 12 months from the date of death to present your claim to the county commission.
3. Potential Tolling of the Deadline
In rare cases, the statute of limitations can be “tolled” (paused). The two most common reasons for tolling are:
- If the defendant fraudulently conceals their role in the death.
- If the plaintiff is legally incapacitated
For example, we are litigating an industrial accident case where our client was killed in a forklift accident. The defendant covered up the fact that the forklift operator was high.
We believe that the deadline for making a claim was paused. This was because the family did not know the true cause of our client’s death.
Keep in mind that tolling is uncommon and highly fact-specific, so you should not rely on it without speaking to an attorney.
What Damages Can Be Recovered in Alabama Wrongful Death Cases?
Alabama is different because wrongful death damages are punitive.
This means the focus is not on the family’s money loss or the deceased’s pain and suffering before death. Instead, it is on punishing the wrongdoer and stopping future bad behavior.
- Families cannot get money back for medical bills, lost pay, or emotional pain in wrongful death cases.
- Damages are meant to punish the defendant for their bad actions.
What Happens If You Miss the Deadline?
If you fail to file a wrongful death lawsuit before the statute of limitations expires:
- The court will likely dismiss your case.
- You lose your right to hold the negligent party accountable.
- No matter how strong the evidence is, missing the deadline is fatal to your claim.
We do not recommend that you file a wrongful death claim on your own.
Frequently Asked Questions (FAQ)
Q: How long do you have to file a wrongful death claim in Alabama?
A: Two years from the date of death in most cases.
Q: Does the Alabama wrongful death statute of limitations change if the defendant is a city or county?
A: Yes. Six months for cities, 12 months for counties.
Q: Who can file a wrongful death lawsuit in Alabama?
A: Only the personal representative of the deceased person’s estate.
Q: Can the wrongful death deadline ever be extended?
A: This can happen in cases of fraud or if someone lacks capacity. But these cases are uncommon.
Q: What damages can families recover?
A: In Alabama, you can only get punitive damages in wrongful death cases.
Talk to an Experienced Alabama Wrongful Death Attorney Today
If you have lost a loved one due to negligence, don’t risk missing Alabama’s strict filing deadlines. You don’t have to face this challenging time alone.
The wrongful death lawyers at Fob James Law Firm help families in Alabama who have suffered a loss.
We handle every aspect of your case, allowing you to take the time you need to grieve.
Our consultations are always free at a time convenient for you. We can meet in person or talk over video or phone.
We will evaluate your case and help you make the right choice for you, your family, and your future.
📞 Call us today for a free consultation or contact us online.
Fob James, IV
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large national firm for several years, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society. Many of Fob’s cases are high profile and have been featured in, among others: Bloomberg News, PlanAdvisor, AL.com, PlanSponsor, InsuranceJournal, and BusinessInsider. For his work in obtaining numerous multi-million dollar outcomes for his clients, Fob has been recognized by: National Trial Lawyers Top 100, SuperLawyers Rising Star (2020-2025), Birmingham Business Journal Who’s Who in Law (2023-2025), and TrustAnalytica – Top Personal Injury Lawyers in Alabama.