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5 min read · Alabama Personal Injury · Birmingham & Hoover
Alabama's wrongful death statute is unusual. In most cases, only the personal representative (executor or administrator) of the deceased person's estate may bring the wrongful death lawsuit, not the family members individually. Any recovery is generally distributed to the deceased's heirs under Alabama's laws of intestate succession, and is typically not treated as part of the estate available to the deceased's creditors. Because of these distinctive rules, and a strict two-year deadline, it is important to get guidance early.
Alabama handles wrongful death differently from almost every other state, and the differences start with who is even allowed to file. Families are often surprised to learn that the claim usually belongs to the estate's personal representative rather than to individual relatives.
This guide explains who can bring a wrongful death claim in Alabama and how any recovery is distributed. It is educational and not a substitute for advice about your specific situation.
Under Alabama law, a wrongful death action is generally brought by the personal representative of the deceased's estate, the executor named in a will or an administrator appointed by the court. Individual family members typically do not file separate wrongful death suits in their own names.
If no personal representative has been appointed, one generally must be appointed before, or in connection with, pursuing the claim. This is one reason families often need legal guidance promptly after a death caused by another's wrongdoing.
Any money recovered in an Alabama wrongful death case is generally distributed to the deceased person's heirs according to the state's laws of intestate succession, the same rules that determine who inherits when there is no will, rather than according to the will itself.
Notably, these wrongful death proceeds are typically not considered part of the estate that is available to pay the deceased's creditors. This distinctive treatment is another way Alabama's wrongful death system differs from ordinary inheritance.
Alabama wrongful death claims generally must be filed within two years of the date of death. This deadline is treated strictly, and missing it can permanently bar the claim, regardless of its merits.
Because the rules about who can file, appointing a representative, and the deadline all interact, families should seek guidance early rather than risk losing the right to pursue a claim.
After a fatal crash near Birmingham, the deceased's spouse wants to file the wrongful death claim herself, in her own name, the way she has seen relatives do in other states.
In Alabama, the wrongful death claim generally must be brought by the personal representative of the estate, not by individual family members on their own. Getting someone appointed as personal representative is usually a necessary first step before the claim can move forward.
This scenario is a simplified, illustrative hypothetical to explain how the law generally works. It is not a real case and is not a prediction or guarantee of any particular outcome.
Our Birmingham and Hoover personal injury attorneys handle these cases every day. Learn how we can help, or call for a free, confidential consultation. You pay no attorney fees unless we win.
This guide is provided for general educational purposes only and does not constitute legal advice or create an attorney-client relationship. It is not medical advice. Alabama law and its application depend on the specific facts of your situation and can change over time. For advice about your matter, speak with a licensed Alabama attorney.