State file: Alabama

Wrongful Death Attorneys in Alabama: Your Complete Legal Guide

4 min read

2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Alabama’s wrongful death action differs from most states in what it pays: the Supreme Court of Alabama has held that damages under the wrongful death statute are punitive only, measured by the wrongful conduct rather than by the family’s financial losses. Alabama also has two wrongful death statutes. The general one lets the personal representative bring the action, directs that any recovery be distributed under the statute of distributions, and requires the case to be commenced within two years after the death. A separate statute governs the death of a minor child and gives the parents priority, with rules for when the personal representative may sue instead.

Alabama Wrongful Death at a Glance

Question Alabama answer
Who brings a general wrongful death action? The personal representative (Ala. Code 6-5-410)
How is the recovery distributed? Under the statute of distributions (6-5-410)
Deadline Two years after the death (6-5-410)
Death of a minor child A separate statute with parental priority, and rules for when the personal representative may sue (6-5-391)
Damages Punitive only, under decisions of the Supreme Court of Alabama, including <em>Springhill Hospitals v. West</em> (2023)

The General Wrongful Death Action

Alabama Code 6-5-410 authorizes the personal representative to commence a wrongful death action. Any amount recovered is distributed according to Alabama’s statute of distributions, and the action must be commenced within two years after the death.

The Death of a Minor Child

Alabama Code 6-5-391 is a separate wrongful death statute for the death of a minor child. The father or mother holds the filing role described in section 6-5-390. If both parents have died, decline to sue, or fail to sue within six months, the minor’s personal representative may commence the action. Damages are distributed under Alabama’s intestate succession law.

What Can Be Recovered

The Supreme Court of Alabama has long held that the wrongful death statute provides for punitive damages only. In Springhill Hospitals v. West (2023), the court noted that Alabama stands alone in instructing wrongful death juries to award only punitive damages, and explained that Alabama’s general statute capping punitive damages expressly excludes wrongful death actions. Because the damages are punitive, the award is not measured as compensation for the family’s lost income, services or companionship.

Topics This Guide Does Not Cover

The survival statute, claims against municipalities and Alabama’s rule on a claimant’s own negligence were not reviewed for this guide. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Alabama

1. Marsh | Rickard | Bryan, P.C.

Marsh Rickard Bryan has over 25 years of experience and has secured more than $1 billion in verdicts and settlements. Because Alabama juries must be convinced of the defendant’s egregious conduct to award punitive damages, MRB’s heavy trial experience and extensive resources make them top-tier for building compelling, high-stakes narratives in front of a jury. They represent families in fatal auto accidents, medical malpractice deaths, workplace fatalities, and catastrophic product liability cases throughout Alabama.

2. Hornsby Watson & Associates

Operating on a strict contingency fee basis, this firm is deeply embedded in the local courts of North Alabama. They specialize in fatal motor vehicle and commercial trucking accidents. They are highly adept at navigating the strict 2-year statute of limitations and the fast-paced appointment of a Personal Representative through Alabama’s probate courts.

3. Mezrano Law Firm

Mezrano is known for its rapid response and highly communicative client relations. Mezrano’s estate and probate connections allow them to set up the required legal framework swiftly so the 2-year statute of limitations does not expire before the lawsuit is filed. The firm handles wrongful death cases statewide across multiple practice areas including motor vehicle accidents, premises liability, and negligent security.

Frequently Asked Questions

Who files when an adult dies in Alabama?

The personal representative, under the general wrongful death statute, Ala. Code 6-5-410.

Who files when a child dies?

Alabama Code 6-5-391 gives the parents priority and sets out when the personal representative may sue instead.

How long does the family have?

Under the general statute, the action must be commenced within two years after the death.

Sources and Last Review

Code of Alabama sections 6-5-391 and 6-5-410; Springhill Hospitals, Inc. v. West (Ala. 2023). This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about Alabama law, not legal advice about a specific death.