[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/stokesstemle.com\/blog\/what-are-alabamas-laws-for-wrongful-death-claims\/#BlogPosting","mainEntityOfPage":"https:\/\/stokesstemle.com\/blog\/what-are-alabamas-laws-for-wrongful-death-claims\/","headline":"What Are Alabama\u2019s Laws for Wrongful Death Claims?","name":"What Are Alabama\u2019s Laws for Wrongful Death Claims?","description":"When a person dies due to someone else\u2019s negligent or reckless action or inaction, an Alabama wrongful death claim may allow the person\u2019s surviving family members to hold the responsible party financially accountable. But how does Alabama law govern wrongful death claims?\u00a0 Understanding Wrongful Death in Alabama Under Alabama\u2019s wrongful...","datePublished":"2024-06-12","dateModified":"2025-03-12","author":{"@type":"Person","@id":"https:\/\/stokesstemle.com\/about-us\/#Person","name":"Stokes Stemle, LLC","url":"https:\/\/stokesstemle.com\/about-us\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/c02b76809a8bb1e2e89ae628639dd275e08bc9cd4fb207fd202cad74bbeb604f?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/c02b76809a8bb1e2e89ae628639dd275e08bc9cd4fb207fd202cad74bbeb604f?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Stokes Stemle, LLC - Personal Injury Attorneys","logo":{"@type":"ImageObject","@id":"https:\/\/stokesstemle.com\/wp-content\/uploads\/2020\/05\/stokeslogo600x60.jpg","url":"https:\/\/stokesstemle.com\/wp-content\/uploads\/2020\/05\/stokeslogo600x60.jpg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/stokesstemle.com\/wp-content\/uploads\/2024\/06\/What-Are-Alabamas-Laws-for-Wrongful-Death-Claims.png","url":"https:\/\/stokesstemle.com\/wp-content\/uploads\/2024\/06\/What-Are-Alabamas-Laws-for-Wrongful-Death-Claims.png","height":600,"width":600},"url":"https:\/\/stokesstemle.com\/blog\/what-are-alabamas-laws-for-wrongful-death-claims\/","about":["Wrongful Death"],"wordCount":564,"articleBody":"When a person dies due to someone else\u2019s negligent or reckless action or inaction, an Alabama wrongful death claim may allow the person\u2019s surviving family members to hold the responsible party financially accountable. But how does Alabama law govern wrongful death claims?\u00a0Understanding Wrongful Death in AlabamaUnder Alabama\u2019s wrongful death statute, a wrongful death claim arises when someone causes the death of an individual through wrongful acts, omissions, or negligence. The law states that a wrongful death claim may arise under the same circumstances that would have given the deceased person the right to pursue a personal injury claim had they survived their final injury.\u00a0For example, a wrongful death claim may arise from a deadly car accident, a fatal injury caused by a defective product, medical malpractice, or an assault, provided the victim would have had grounds to pursue a personal injury claim had their injuries not resulted in death.The statute of limitations on wrongful death claims requires the filing of a lawsuit within two years of the death. Although limited circumstances may extend the time for filing a wrongful death lawsuit, the trial court can dismiss any lawsuit after the applicable limitations period expires on a wrongful death claim. Survivors who fail to file by the deadline may forfeit their right to seek compensation.Who Can File a Wrongful Death Claim in Alabama?Alabama wrongful death law typically requires the decedent\u2019s personal representative, such as the executor or administrator of the decedent\u2019s estate, to pursue any wrongful death claim.\u00a0If the decedent didn\u2019t identify a personal representative in their will, a court may appoint a close family member, such as a surviving spouse, child, parent, or sibling, to serve as the administrator or executor of the estate. The law further requires the personal representative to file the wrongful death case in the county where the decedent could have filed their personal injury lawsuit had they survived.One exception is that, when a minor child dies, the law allows the child\u2019s mother or father to bring a wrongful death lawsuit. If the parents fail or decline to file suit within six months of the child\u2019s death, the child\u2019s personal representative can bring the claim.Types of Wrongful Death Damages and CompensationAlthough no amount of money can bring a loved one back, pursuing compensation in a wrongful death suit can give a family some small measure of justice. Obtaining a financial recovery can also help families deal with the economic consequences of a loved one’s passing, especially if their loved one provided a significant financial contribution to the family.A wrongful death attorney can help your family pursue compensation. However, Alabama allows the recovery of only punitive damages in wrongful death lawsuits, not compensatory damages. Punitive damages do not compensate the deceased person’s family for specific losses they\u2019ve incurred, but rather such damages punish the party responsible for the death and discourage others from engaging in the same kind of wrongful act.Contact Our Alabama Wrongful Death Attorneys for Help\u00a0After your family has lost a loved one, a wrongful death lawyer can help you learn how to file a wrongful death claim. Contact Stokes Stemle, LLC, today for a free, no-obligation consultation to discuss how our firm can pursue financial recovery and justice for your family\u2019s loss."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/stokesstemle.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Are Alabama\u2019s Laws for Wrongful Death Claims?","item":"https:\/\/stokesstemle.com\/blog\/what-are-alabamas-laws-for-wrongful-death-claims\/#breadcrumbitem"}]}]