Serving Baldwin, Mobile, & Escambia Counties in Alabama
218 N. Alston Street | Foley, AL 36535
 
 
 

How Surviving Family Members Should File a Wrongful Death Claim in Alabama

The loss of a loved one due to the negligence or wanton act of a reckless individual is a devastating life experience that affects too many Alabama families.

Alabama state laws allow grieving families to recover damages from at-fault individuals in order to repay families in some small way for the lost loved one they will never see again.

Wrongful Death Law in Alabama

In Alabama, wrongful death is defined as a death which is caused by the "wrongful act, omission or negligence" of another person or entity. As such, the estate of the deceased may bring a lawsuit against parties that cause the death of a loved one in the manner described.

Examples of wrongful death accidents in Alabama include the following:

  • Medical Malpractice
  • Prescription Drugs
  • Auto Accidents and Drunk/Distracted Driving Accidents
  • Premises Liability and Workplace Accidents
  • Defective Products
  • And More

Alabama handles wrongful death differently than many other states and jurisdictions.

Surviving family members are actually not permitted to file a wrongful death claim on their own behalf, which is common practice in many states. Instead, Alabama law permits a personal representative of the decedent's estate to file a lawsuit under a wrongful death claim. The personal representative has two years to file this action, and this two-year timeline begins at the point of the decedent's passing. This statute of limitations is not ironclad, however, since there are exceptions to this general rule. An experienced Alabama injury attorney and wrongful death lawyer will ensure that your lawsuit is filed in a timely manner so that the right to file a lawsuit is preserved.

Wrongful Death Lawsuits Result in Punitive Damages

The state of Alabama specifically requires that wrongful death plaintiffs must seek punitive damages rather than compensatory damages. In simplest terms, Alabama damages focus on compensating specifically for the losses and costs stemming from the decedent's death. The reason for this is that Alabama law is focused specifically on compensating for the at-fault individual or entity's wrongdoing, and the damages awarded will reflect this.


Given the unique nature of Alabama's wrongful death laws, it is essential that you are represented by a proven injury attorney that understands the complexities and nuances of Alabama law.

If you live in the city of Foley, Baldwin, Mobile or Escambia Counties and are a surviving family member looking for justice for your family and lost loved one contact Alabama injury attorney Noel B. Leonard or call (251) 943-8638.

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Noel B. Leonard Attorney LLC • 218 N. Alston Street • Foley, AL 36535 • Phone: 251-943-8638 • Fax: 866-648-8201
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