A Guide to Alabama’s Statute of Limitations for Wrongful Death Claims

If your family member or loved one has died in Alabama in an accident due to someone else’s negligence or wrongdoing, you may be able to file a wrongful death claim. Through a wrongful death claim, you can recover financial compensation to help with the loss’s impact on you and your family’s life.

However, you only have two years to file a wrongful death claim in Alabama. Once those two years pass, you will lose your ability to seek financial compensation. There are other special circumstances where you have even less time to file a claim. These time limits are extremely strict and have few exceptions.

It can take months to build a strong case, so it’s in your best interest to start early. An Alabama wrongful death lawyer can investigate your situation and initiate the claims process, ensuring you meet all filing deadlines. Contact Stokes Stemle today to arrange an initial consultation.

Understanding Wrongful Death in Alabama

Alabama law defines a wrongful death as any death caused by another’s “wrongful act, omission, or negligence.” The party responsible for a wrongful death can be an individual, multiple people, a corporation, or an agent acting on behalf of another.

When someone dies a wrongful death in Alabama, the personal representative of the deceased person’s estate (or executor) can file a wrongful death lawsuit. In most states, parties filing an Alabama wrongful death lawsuit can recover compensation for their economic and non-economic losses, like medical bills, loss of financial support, and emotional distress.

However, Alabama is different from other states regarding wrongful death damages. Alabama only allows punitive damages in wrongful death suits, which are meant to punish the offender. Instead of compensating the deceased’s survivors, wrongful death lawsuits in Alabama focus on the defendant’s wrongdoing. Proceeds from a wrongful death claim go to the survivor’s family according to Alabama’s laws of intestate succession.

Below are some hypothetical situations that may be grounds for seeking wrongful death compensation:

• A speeding driver runs a red light and causes the death of a motorcycle rider crossing the intersection.
• A landlord ignores requests for electrical maintenance in one of their units, and a tenant dies from electrocution.
• A grocery store owner doesn’t put up a “wet floor” sign after mopping, and a customer dies after slipping and hitting their head.
• A doctor misses obvious symptoms and fails to diagnose leukemia before it becomes terminal.
• A patient dies from an adverse drug interaction because the pharmaceutical company didn’t place adequate warnings on its product.
• A construction worker dies from falling after their defective safety harness breaks.

In all of these cases, one person’s death occurred due to another’s negligence or wrongdoing. You can think of a wrongful death claim like a personal injury claim the deceased would have filed if they had survived their injuries.

Most Common Causes of Wrongful Death

Some of the most common causes of wrongful death in Alabama include:

• Motor Vehicle Accidents – Car, truck, and motorcycle accidents are a significant cause of death in Alabama and the U.S. more generally. The weight and velocities involved in car accidents can easily cause permanent and fatal injuries.
• Medical Malpractice – Doctors are required to abide by accepted standards of care. If a doctor negligently provides substandard care and causes death, they can be subject to a wrongful death lawsuit.
• Premises Liability – Property owners are generally liable for injuries on their properties and can be financially liable if known dangerous conditions cause the death of a guest.
• Defective Products – Defective products that can cause injury or death may include auto parts (such as brakes, tires, and seatbelts), pharmaceuticals, children’s toys, industrial appliances, and medical devices.
• Criminal Acts – Wrongful death can also result from intentional criminal acts, like assault and battery or gunshot wounds.
• Occupational Hazards – Workers in certain industries are at a higher risk of fatal accidents and exposure to toxic substances, like asbestos or lead.

The Statute of Limitations in Alabama Wrongful Death Cases

Every state has a law that restricts how long you have to file a wrongful death lawsuit. This law is known as a statute of limitations, which establishes a specific time limit for filing civil actions related to deaths resulting from negligence or wrongdoing.

Alabama’s wrongful death statute of limitations establishes a two-year limit for wrongful death claims. For instance, if the date of death was June 1, 2025, you would have until June 1, 2027, to initiate legal action in most cases. Missing the two-year deadline means you permanently forfeit your right to recover compensation.

Keep in mind that the two-year time starts from the date of your loved one’s death, which could be different than the date of the initial injuring event. For example, if the accident occurred on January 1 but the death didn’t occur until June 1, the two-year period starts on June 1.

Key Exceptions and Special Circumstances

The two-year time limit applies to most Alabama wrongful death claims. However, there are a few exceptions to be aware of.

• Product Liability – For deaths due to dangerous or defective products, the time limit for a wrongful death claim is one year instead of two. Additionally, you can’t file a product liability lawsuit if more than 10 years have passed since the manufacturer sold the product.
• Medical Malpractice – Claims for deaths due to medical malpractice generally follow the same two-year time limit as other claims. However, you can’t make a claim for medical malpractice if more than four years have passed since the negligent act. This latter time limit is known as a statute of repose.
• Claims Against the Government – Alabama gives you only six months and 12 months to pursue claims against city and county governments, respectively. You must also provide government agencies with a notice of claim before you can pursue legal action.
• Deaths of Minors – If the deceased is a minor (a person under 19 in Alabama), then the parents have six months from the date of death to file a wrongful death claim. After six months, the minor’s personal representative can commence legal action.

Why the Statute of Limitations Matters

States have statutes of limitations for several reasons. The first is to incentivize parties to address legal matters promptly. The second is to provide closure and prevent people from bringing claims from years ago when no evidence is available. Third, statutes of limitations keep the state from being bogged down in too many claims to handle.

The statute of limitations is important because it tells you exactly how long you can wait to file a claim. If the time limit passes, then you forever lose your right to take civil action for your particular issue. If you try to file a lawsuit after the deadline, the court will reject it.

You can technically still try to file an insurance claim against the liable party. But without the potential for a lawsuit, the insurer will likely deny your claim. Thus, it’s absolutely crucial that you abide by the time restriction, or you lose any leverage you have.

Steps to Take if You Suspect a Wrongful Death

If you suspect that your loved one died in a wrongful death, you need to preserve evidence and work with a professional. Gather as much documentation as possible concerning the accident and your loved one’s injuries. You should also see if you can find eyewitness testimony concerning the accident leading to death.

Next, contact a wrongful death attorney. An attorney can organize any evidence you gather and investigate the accident circumstances to identify liable parties. They can also walk you through initiating the formal claims process.

Why Choose Our Firm?

Stokes Stemle, LLC has an established track record as trusted legal professionals in Montgomery and throughout southern Alabama. We have recovered substantial results for clients and understand how to approach wrongful death cases with tact and compassion. Attorneys Jonathan H. Stokes and Joshua C. Stemle collectively share decades of legal experience and have found their calling in helping those who need assistance most.

Our dedication to clients is our defining feature, and we will go to whatever lengths necessary to protect their rights and interests. When you work with us, you get more than just an attorney – you get a reliable partner you can count on to pursue the best possible outcome.

How an Experienced Wrongful Death Lawyer Can Help

Losing a loved one due to another party’s actions is one of the most difficult experiences a person can go through. The experienced attorneys from Stokes Stemle, LLC will stand by your side and guide you through life’s most difficult circumstances. We take a full-service approach to legal representation and can manage the entire process of your wrongful death claim, from initial filing to final negotiations. We will investigate the accident and act as your representative in insurance proceedings. We can take the legal pressure off your back and give you the space to grieve, heal, and move forward with life. Contact our offices online to schedule a free case consultation with a wrongful death attorney in Alabama.