Losing a loved one because of someone else’s careless or wrongful actions is devastating. In Alabama, the legal process for holding the wrongdoer accountable is called a wrongful death claim – but this process is very different from what many families expect. In many ways, Alabama wrongful death law is unique.
At the Blackwell Law Firm, we’ve helped many Alabama families navigate the wrongful death process with compassion and care. We’ve represented families across Alabama. This article explains some of the key legal issues and unique aspects of Alabama law, including who can file, what damages are recoverable, and how any settlement or verdict is distributed.
What Is A Wrongful Death Claim In Alabama?
A wrongful death claim is a civil lawsuit brought when someone’s life is taken due to another person or company’s negligence or misconduct. These civil lawsuits are separate from any criminal charges that may be filed. A recent case we handled in Limestone County is an example – a lady lost her life in a car crash when hit by a young driver impaired on drugs. Our office was able to help the lady’s young daughters by handling their wrongful death claim. Separately, local authorities prosecuted the at-fault driver for his actions while impaired on drugs.
Common examples of wrongful death claims include:
- Fatal car or truck accidents
- Workplace or construction fatalities
- Nursing home neglect
- Defective or dangerous products (like bad medical devices)
In Alabama, our wrongful death law is unique and has strict practices about who can file and what damages are allowed. Because of this, it’s essential to retain a lawyer with experience handling these claims.
Alabama’s Unique Rule: Punitive Damages Only
Unlike most states, Alabama does not allow families to recover compensatory damages in wrongful death claims. That means no damages for medical bills, lost income, pain and suffering, or emotional grief.
Instead, Alabama law allows only – punitive damages – in these cases. The sole purpose of an Alabama wrongful death award is to punish the wrongdoer and deter similar misconduct in the future. It’s not based on the financial or emotional loss of the surviving family members.
This makes Alabama’s approach very different. And, it can create confusion or frustration for families expecting compensation for expenses or suffering.
Several years ago, a group of DUI lawyers in Huntsville started advertising for wrongful death claims on their website saying they could help recover medical losses. They were wrong. They did not understand the law. And, they are a perfect example of why a family should seek competent and experienced counsel after a devastating loss. Too many lawyers advertise for cases without a clear understanding of the law. Look for experienced counsel.
An experienced lawyer who understands the unique nature of Alabama’s wrongful death damages, can adapt and build the claim for the maximum possible recovery. The unique nature of our damages should drive the entire trial story and presentation.
Who Can File A Wrongful Death Lawsuit In Alabama?
Under Alabama law, only the – Personal Representative – of the deceased person’s estate can file a wrongful death claim. This typically means someone must be appointed by the Probate Court to represent the estate.
Alabama law has specific procedures to determine priority when multiple people seek the role of Personal Representative. Sometimes, one potential person is also preferable to another based on their past or their inability to be approved or bonded. Because of these rules, you need an experienced counsel to handle this process and prevent potential roadblocks.
How Are Wrongful Death Proceeds Handled In Alabama?
Although the lawsuit is filed by the estate’s Personal Representative, any money recovered from a wrongful death case does NOT go through the estate. Instead, Alabama law says the money recovered is distributed to heirs based on Alabama’s intestacy laws – the legal rules that apply when someone dies without a Will.
This all might sound confusing. What does it mean? It means TWO big things to the grieving family.
First, because the money does NOT go through the estate, it is NOT subject to the deceased person’s creditors. Because Alabama law does not allow compensatory damages for wrongful death, the recovery is not used to repay the costs of the fatal injury. This allows all the recovered proceeds to go completely to the heirs. In other words:
- Creditors of the deceased cannot claim any portion of the wrongful death recovery
- Medical bills, hospital liens, or insurance reimbursements are NOT repaid
Second, because proceeds are distributed by specific intestacy laws rather than a Will, the distribution to heirs is the same in all cases. Alabama intestacy laws contain specific provisions related to heirs and their priority. This avoids any situations where family members end up fighting over the validity of some Will that directs these funds in a different manner.
Key Differences From Other Injury Cases
- No compensatory damages. Families cannot recover for lost wages, medical bills, or other out-of-pocket expenses
- Only punitive damages available. The amount is meant to punish and deter the wrongdoer, not compensate the family
- No repayment of medical liens or medical creditors. Because damages are only punitive, medical providers and health insurers have NO claim to the recovery.
- Heirs receive the money directly. The proceeds do not pass through the estate and are not subject to the estate’s other creditors.
Why You Need An Experienced Wrongful Death Lawyer
Wrongful death cases involve a complicated mix of probate law, civil litigation, and trial strategy. Because Alabama’s law is different and unique, it’s so important to work with a lawyer who understands the unique rules and how to prove the defendant’s wrongful conduct.
At the Blackwell Law Firm, we prepare every wrongful death case for trial from the start. That means investigating the facts, hiring the right experts, and developing a compelling case to show the jury why punitive damages are appropriate. Because we understand the unique rules and procedures, we are able to better build a compelling case presentation from the start.
We also guide families through the probate process, help with the appointment of a personal representative, and ensure the recovery is distributed correctly under Alabama law.
Common Mistakes And Misconceptions
Here are some of the most common misunderstandings we see in Alabama wrongful death cases:
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Any family member can file the lawsuit. FALSE. Only the estate’s personal representative can file. This means someone who has been properly appointed and usually bonded.
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We can divide the money however we want. FALSE. Alabama intestacy laws control the distribution. The personal representative or heirs cannot legally choose to omit a rightful heir.
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We must divide the money according to the deceased’s Will. FALSE. The distribution is controlled by a specific Alabama statute, not by the Will. A rightful heir cannot be excluded.
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We’ll use the settlement to pay medical bills. FALSE. Medical bills are not paid from a wrongful death recovery.
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We can recover compensatory damages, such as the deceased’s lost wages or medical costs. FALSE. Damages in Alabama wrongful death cases are punitive only, which changes what can be recovered and requires a different legal strategy.
Statute Of Limitations And Timing
In most cases, the statute of limitations for filing an Alabama wrongful death claim is two years form the date of death. However, shorter deadlines may also apply in certain cases such as claims against a city or county government.
Keep in mind it may take time to get a Personal Representative appointed. And, evidence can also disappear if not gathered quickly. Because of these issues, it’s critical to speak with a skilled and experienced wrongful death lawyer as soon as possible.
Why Experienced Legal Representation Matters in Wrongful Death Claims
Wrongful death claims are about more than money — they’re about justice. Under Alabama law, the focus is on punishing the wrongdoer, not compensating the family. This makes wrongful death cases unique — and makes experienced legal representation essential.
Two recent cases our firm handled serve as powerful examples. In one case involving a deadly Limestone County accident, we acted quickly to begin our investigation and preserve critical evidence. Through that process, we uncovered and proved that the reckless driver responsible for the crash was impaired by drugs at the time.
In another case, also involving a fatal car accident, the at-fault driver claimed the crash was unavoidable and initially convinced law enforcement of his false story. Our investigation uncovered key witnesses and cell phone records proving that the driver had actually been engaged in reckless road rage in the moments before the crash — conduct that warranted significant punishment.
Protecting your loved one’s legacy and holding wrongdoers accountable requires a deep understanding of Alabama’s complex wrongful death laws and the experience to build the most compelling case possible.
If you’ve lost a loved one due to someone else’s wrongful conduct, the Blackwell Law Firm can help. We’ll guide you through the process with care, prepare your case for trial, and fight to hold the responsible party accountable.
Call Us Now (256) 261-1315
Jeff is incredibly thorough, hardworking and honest. Patricia was so helpful throughout the process answering questions promptly and making me feel at ease. I highly recommend the Blackwell Law Firm!
Response from the owner:Thank you for the great recommendation, Rob! We truly value your support and are thrilled that you had a smooth process with us.
I highly recommend Blackwell Law Firm. Jeff and his staff are friendly and very professional. My mom and I are very grateful for everything.
Thank you!! 🙂
Response from the owner:We are so happy we could help your mother after her injury. We are grateful for the opportunity to work with you and your mother's doctors to build the best case for her. We are here if you ever need anything! Thank you so much!
The case took years as most cases do, but Patricia was always trying to give updates. And if I had any questions she would always find out the answers, and go into great detail to explain each process and steps that were being taken. Jeff and his team will work their hearts out for you. I highly recommend them for your work comp suits.
Response from the owner:Thank you for the review! When you suffer a serious injury or disability at work, you deserve full work comp benefits. We know how unfair the system can be. That's why we work as hard as possible to recover the maximum benefits available. We want to win everything we can for our clients. We also want you to have the answers you need during each step of the process. I'm so happy we could help!
Excellent service, Danielle and Patricia are awesome. They get back to you fast and answer all your questions. Friendly team. Jeff cares about his clients. Would highly recommend..
Response from the owner:Kathy, thank you so much! We are so happy we could help with your case. We understand injuries and medical care are difficult issues. Our entire team is centered on providing answers, advice and advocacy to help and to obtain the best possible result for you. We focus exclusively on injury cases so we can provide the best possible help. Yes, Patricia and Danielle are great!
If you're wondering whether you need a personal injury lawyer—or you're just unsure who you want in your corner—give Jeff and his team, Danielle and Patricia, a call. They don’t treat you like just another client; they treat you like family.
They respond promptly to questions, often even after hours. The guidance and peace of mind they provide are incredible and virtually unheard of these days.
Response from the owner:Thank you for such a thoughtful review! At Blackwell Law Firm in Huntsville, our goal is to provide every client with personal attention, real answers, and the peace of mind that comes from knowing we are working hard in your corner! Danielle, Patricia, and I, are all grateful for the trust your wife Dawn and you placed in us. We focus on one thing -- Working hard for families across northern Alabama in personal injury, car accident, and work injury cases. We are so glad we could help!
I can't say enough good things about the people here. From the very beginning from the first phone call with Jeff they have gone to bat for me in everyway. And to Patricia and Danielle, thank you for all you've done. From listening to me cry to putting up with me ranting. And I can't say enough about their empathy. I can never thank them enough.<3
Response from the owner:We are so happy we could help with your case. We loved working with you! We know how stressful things can be following a serious injury. Our whole team is dedicated to helping build the best possible injury case for you. That's all we do. If you ever need anything, you know we are here for you. Thank you so much, Dawn.
Response from the owner:Thank you so much. Danielle and Patricia worked hard to help with your case. If we can ever help with anything else, give us a call.
Best lawyer I can ever work with
Blackwell law firm
Response from the owner:We are so glad we could help. Thank you so much for the kind words! If you ever need anything, let us know.
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