When someone else’s negligence takes a life in Montgomery, Alabama law gives the family a path to justice, and a set of rules found nowhere else in America. Only the personal representative of the estate can file, the deadline is generally two strict years, and damages are punitive only, measured by how wrongful the defendant’s conduct was, with no cap. The Montgomery wrongful death lawyers at Fob James Law Firm handle these cases across the River Region on contingency, and the consultation is free.
The need here is real: Montgomery recorded 31 traffic deaths in 2024, up from 28 the year before, with the I-85/I-65 interchange and the Eastern Boulevard and Atlanta Highway corridors claiming lives every year, and fatal truck crashes, medical errors, and nursing home neglect adding to the toll.
Montgomery Wrongful Death Claims: At a Glance
- Who files: Only the estate’s personal representative; parents may file within 6 months for a minor child
- Deadline: Generally 2 years, but city claims require notice in 6 months, county claims in 12, and deaths involving Maxwell-Gunter or federal employees follow the Federal Tort Claims Act
- Damages: Punitive only, no cap, measured by the defendant’s conduct (Ala. Code § 6-5-410)
- Who gets the money: Heirs directly, free of the deceased’s debts and creditors
- Cost: Free consultation, no fee unless we win: (205) 407-6009
At the Fob James Law Firm, our Montgomery, AL wrongful death lawyers are dedicated to helping families seek justice for their loss. Our goal is to help you and your family recover from this trauma and find closure.
Here is everything you need to know about wrongful death claims in Alabama and how we can help.
Who May File a Wrongful Death Claim in Alabama?
Under Alabama Code § 6-5-410(a), only the representative of the deceased’s estate may bring a wrongful death action on behalf of the deceased person’s loved ones.
While most representatives end up being a spouse, child, or parent of the deceased, it’s sometimes a financial manager or lawyer. Ultimately, it depends on whom the deceased makes the head of the estate before death.
However, if they do not assign an executor before their death, the Alabama probate court appoints a third-party representative.
Alabama Wrongful Death Statute of Limitations
According to Alabama Code § 6-5-410(d), the representative has two years from the death of the decedent to file a lawsuit.
Montgomery adds traps to the standard two-year rule. If a city vehicle, employee, or road defect contributed to the death, formal notice can be required within six months; for county defendants, within twelve. And deaths involving Maxwell-Gunter or federal employees proceed under the Federal Tort Claims Act’s separate administrative process instead of Alabama’s rules. Identifying the right deadline is the first thing we do in every case; our guide to the Alabama wrongful death statute of limitations covers every scenario.
This means that if the decedent passed away on January 1, 2023, you have until January 1, 2025, to bring a wrongful death action. If you try to bring a claim after the two-year limit, chances are the court will refuse to hear your case.
This is why it’s essential to hire a Montgomery, AL wrongful death lawyer who has experience filing actions in a timely manner.
There are certain instances where the statute of limitations may be different. For example, if your loved one died due to the actions of a government employee or entity, you have only six months to file a wrongful death claim.
In addition, you have to follow the specific reporting requirements set by the government entity. Another situation which may extend the statute of limitations is if the responsible party cannot be identified at the time of death.
In this case, the clock starts six months after the date of death.
Damages Available in a Wrongful Death Claim
At the Fob James Law Firm, we know that no amount of money can replace a human being. We also know that families suffering from the sudden loss of a loved one deserve justice.
Two Alabama rules work in families’ favor: no statutory cap applies to wrongful death punitive damages, and the recovery passes directly to the heirs outside the estate, beyond the reach of the deceased’s medical bills and creditors. Because the award measures the wrongfulness of the conduct, the drunk driver’s bar tab, the trucking company’s falsified logs, the facility’s ignored care plan, the investigation is what drives value, and it is where we do our best work. Our guide to how Alabama wrongful death lawsuits work explains the framework in depth.
In Alabama, it’s exceptionally difficult to pursue a wrongful death claim on your own. This is because Alabama is the only state that doesn’t award compensatory damages in wrongful death cases.
This means that families cannot pursue specific reimbursement for economic or non-economic losses. Instead, the state of Alabama reviews wrongful death claims for punitive damages.
Although punitive damages are relatively rare in any other state, they make up the entirety of a wrongful death claim in Alabama. The goal of punitive damages is to prevent others from repeating the same behavior by punishing the defendant.
In an Alabama wrongful death claim, the judge specifically examines the actions of the defendant leading up to the injury or death.
If the court finds that the defendant acted in a reckless, wanton, or intentional way, they may award punitive damages to the estate of the deceased.
However, these damages rarely cover the expenses of surviving loved ones when pursued without the help of a Montgomery, AL wrongful death lawyer.
What Happens If the Deceased Filed a Claim Before Their Death?
While it may not seem common at first, there are situations where the deceased files a personal injury claim before they die.
In cases like this, it’s possible to pursue a survival action and a wrongful death action at the same time. This means that the representative may be able to recover losses related to the initial claim, such as pain and suffering, property damage, lost wages, and more.
However, we highly recommend speaking with one of our Montgomery death attorneys if your loved one had a previous claim.
Montgomery Wrongful Death FAQs
Who can file a wrongful death lawsuit in Montgomery?
Only the personal representative of the deceased’s estate, appointed through Montgomery County probate, with one exception: the parents of a minor child may file within six months of the child’s death. The representative files on behalf of the heirs, who receive the recovery directly.
How long do we have to file in Montgomery?
Generally two years from the death, enforced strictly. But claims against the city can require notice in six months, county claims in twelve, and deaths involving Maxwell-Gunter or federal employees follow the Federal Tort Claims Act’s separate process, so have a lawyer confirm your deadline early.
Who receives the wrongful death money?
The heirs, under Alabama’s intestate succession laws, generally the surviving spouse and children in statutory shares. The recovery passes outside the estate, is not controlled by the will, and cannot be taken by the deceased’s creditors or medical debt.
Discuss Your Claim With a Montgomery, AL Wrongful Death Lawyer
If you lost a loved one due to the negligent actions of another, you don’t have to face it alone. The attorneys at the Fob James Law Firm have decades of experience on their side to help you manage your case.
We handle fatal car accidents, 18-wheeler crashes, and nursing home neglect cases across Montgomery, and our Montgomery personal injury lawyers page covers everything else we do here. Call (205) 407-6009 for a free, no-pressure consultation.
To speak with a Montgomery, AL wrongful death attorney or schedule a free consultation, give us a call at 334-739-9000 or contact us online.