When a loved one dies due to someone else’s negligence, families not only face grief but also pressing legal deadlines. The time limit for filing a lawsuit is called the “statute of limitations”. In Alabama, the statute of limitations for wrongful death claims is strict.
Missing the deadline can permanently bar your right to recover damages. For this reason, it is important to understand the wrongful death statute of limitations. This affects your claim and your right to get compensation.
For a free evaluation of your wrongful death case and related deadlines, contact our Alabama personal injury lawyers today.
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
In Alabama, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The damages recovered go directly to the heirs, not to the estate itself.
The Basic Alabama Wrongful Death Statute of Limitations
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 Municipality
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 in cases such as fatal car accidents involving 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. Due to this fraudulent concealment, we are arguing that the statute of limitations tolled to the date our client’s real cause of death was reasonably discovered.
Because tolling is uncommon and highly fact-specific, you should not rely on it without speaking to an attorney.
What Damages Are Recoverable in Alabama Wrongful Death Cases?
Alabama is unique: wrongful death damages are punitive, not compensatory.
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 recover compensation for medical bills, lost income, or emotional suffering in wrongful death actions.
- Instead, damages are intended to penalize the defendant’s wrongful 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.
Due to the complexities involved, we do not recommend that you file a wrongful death claim on your own.
Frequently Asked Questions (FAQ)
How long do I have to file a wrongful death claim in Alabama?
Two years from the date of death in most cases.
Does the statute of limitations change if the defendant is a city or county?
Yes. Six months for municipalities, 12 months for counties.
Who can file a wrongful death lawsuit in Alabama?
Only the personal representative of the deceased person’s estate.
What damages can families recover?
Alabama allows only punitive damages in wrongful death claims.
Can the deadline ever be extended?
Possibly in cases of fraud or legal incapacity, but such exceptions are rare.
Talk to an 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 have extensive experience helping Alabama families navigate these complex cases.
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
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 regional firm for several years where he obtained awards for both individual and corporate clients, 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.