Alabama Wrongful Death Law Explained | Pylant Estate Law Huntsville AL

Alabama Wrongful Death Explained: What Families Need to Know

Justice Begins Here. Understand Your Rights After a Tragic Loss.

Losing a loved one is always painful — but when their death is caused by someoneelse's negligence, the grief is often compounded by anger, confusion, and a desire for justice. In Alabama, the legal system offers a way to hold wrongdoers accountable through a wrongful death claim. However, Alabama’s approach to wrongful death is unique, and families often don’t know where to start.

This guide explains how wrongful death works in Alabama, how it's different from otherstates, and why probate — the legal process of opening an estate — is an essential first step. If you believe your loved one died because of someone else's actions, read on to learn what you need to know.

What Is a Wrongful Death Claim in Alabama?

A wrongful death claim is a civil lawsuit brought when someone dies due to the negligent, reckless, or intentional act of another person or entity. This includes car accidents, medical malpractice, nursing home abuse, workplace incidents, defective products, and criminal acts. But Alabama treats wrongful death differently than almost every other state. Most states allow families to recover compensation for things like medical bills, funeral costs, lost income, and emotional suffering. Alabama does not. Instead, Alabama’s wrongful death law focuses solely on punishing the wrongdoer and deterring similar misconduct. That means the damages awarded in a wrongful death lawsuit are punitive damages, not compensatory. The purpose is to make an example of the at-fault party — not to reimburse the family for financial or emotional loss.

Who Can File a Wrongful Death Lawsuit?

Only the personal representative of the deceased’s estate can file a wrongful death claim in Alabama. If your loved one had a will, the person named as executor can typically serve as the personal representative. If there is no will, someone — usually a surviving spouse, adult child, or parent — must petition the probate court to be appointed as administrator. This is why opening an estate is a necessary first step. Without a personal representative, no one has the legal authority to bring a wrongful death lawsuit.

How Are Wrongful Death Damages Distributed in Alabama?

Here’s where Alabama stands alone. Although the estate brings the claim, any money recovered in a wrongful death case goes directly to the heirs, bypassing the estate entirely. This means:

Wrongful death proceeds are not subject to creditors.
The money is distributed according to Alabama’s intestate succession laws (if there’s no will).
The damages do not pass through the deceased's will or trust.

This can lead to surprising outcomes. For example, if the deceased had children from a prior marriage, those children may receive part of the wrongful death proceeds — even if the current spouse is the estate’s executor.

Why Probate Comes First: The Role of the Estate

In Alabama, probate is not just a formality — it’s the gatekeeper to any wrongful death case. Here’s why:

Legal Standing: Only the court-appointed personal representative can sue.
Court Oversight: Settlements must usually be approved by the probate court.
Heir Protection: Probate ensures that rightful heirs receive their share of any recovery.

Probate doesn’t have to be complicated. In many wrongful death cases, the estate exists solely to enable the lawsuit, and full administration may not be required. A skilled probate attorney can streamline the process

Time Limits: Don’t Miss the Deadline

Alabama imposes a strict two-year statute of limitations for wrongful death claims. That clock starts ticking on the date of death. However, if a city, county, or other government entity is involved, you may have to file a formal notice within six months of death — or even sooner. Because the estate must be opened before a lawsuit can begin, it’s essential to start the probate process as soon as possible. Waiting too long could mean losing the right to sue entirely.

Common Types of Wrongful Death Cases in Alabama

Wrongful death can occur in countless ways. Some of the most common include:

Motor vehicle accidents: including car, truck, and motorcycle crashes
Medical malpractice: including surgical errors, misdiagnosis, or medication nmistakes
Nursing home neglect: falls, bedsores, or untreated medical issues
Workplace accidents: especially in construction, industrial, or manufacturing settings
Product liability: dangerous or defective products, drugs, or equipment
Premises liability: unsafe property conditions or lack of security
Criminal conduct: assault, battery, or homicide cases where civil claims are possible

If you’re unsure whether your loved one’s death qualifies, a consultation with an experienced attorney can help you evaluate the facts.

Opening an Estate: What to Expect

Opening an estate in Alabama involves filing a petition in the probate court for the county where the deceased lived. The process generally includes:

Filing the petition: asking the court to appoint a personal representative
Notifying heirs: so they have an opportunity to participate
Issuing Letters of Administration: giving the representative legal authority

In wrongful death-only estates, this process is often simplified, and administration can be limited. Our firm focuses on making this process fast, efficient, and low-stress for grieving families.

What About Wills and Trusts?

You might be wondering: “If my loved one had a will, doesn’t that control who gets the money?” Not in wrongful death cases. Regardless of what the will says, Alabama law requires that wrongful death damages go to the heirs under intestate succession — as if the person had died without a will. This can override estate planning documents. Trusts are also generally not involved unless they are named beneficiaries of a separate insurance policy or asset. Wrongful death awards skip the trust and estate and go directly to the heirs.

What Happens After the Case Is Resolved?

Once a wrongful death lawsuit is resolved — either by settlement or court verdict — the funds are distributed to the legal heirs. The personal representative works with both the
injury attorneys and the probate court to:

Finalize any necessary probate filings
Distribute funds to the heirs
Close the estate, if appropriate

Our firm handles all of these steps to ensure a smooth process from start to finish.

How Legal Fees Work

In most cases, families pay nothing upfront. We handle the probate process at no cost when we’re working with a trusted injury attorney on the wrongful death case. Legal fees are paid from the eventual recovery — and we only get paid if the case is successful. This allows families to pursue justice without worrying about out-of-pocket costs.

Why You Need to Open an Estate for a Wrongful Death Claim in Alabama

If You Want Justice, the First Step Is Probate

When a loved one dies unexpectedly due to someone else’s negligence or misconduct, families are often left reeling—not only from grief but from a sudden need to understand unfamiliar legal terrain. In Alabama, one of the first and most important legal steps in a wrongful death case is opening the deceased person’s estate. Without this step, no lawsuit can be filed, no damages can be awarded, and the chance at justice could be lost forever.

This may sound like a technicality, but it’s not. Opening an estate is a legal prerequisite to a wrongful death claim in Alabama. In fact, under Alabama law, only the personal representative of the deceased person’s estate has the authority to bring a wrongful death lawsuit. If you don't open the estate, you can’t move forward.

This page will walk you through exactly why opening an estate matters, how the process works, and how our probate law firm can help your family take this critical first step—with compassion, speed, and no upfront cost in many cases.

What’s the First Step?

Reach out to us for a free consultation. We’ll listen to your situation, determine whether a wrongful death claim is viable, and walk you through the probate process. We take care of the legal work so your family can focus on healing. If a wrongful death claim is appropriate, we’ll help you open the estate and connect with the right legal team to pursue justice.

We’re here to help. Call our office or fill out the form below to get started.
Wrongful Death Starts with Probate. Let Us Help You Take the First Step Toward Justice.

Why Choose Our Firm?

We’re not personal injury lawyers — we’re probate lawyers. That’s why injury attorneys across Alabama refer families to us when a wrongful death case begins. We:

Open the estate quickly and correctly
Handle all probate filings and court communication
Coordinate closely with injury attorneys
Protect the rights of the family and heirs

By focusing on probate, we make sure the legal process doesn’t get in the way of your family’s chance for justice.

Take the First Step Today

If you believe your loved one died because of someone else’s actions, don’t wait. Justice can’t begin until probate does. Call us for a free consultation. We’ll:

Listen to your story
Explain your rights
Open the estate at no upfront cost
Connect you with a trusted wrongful death attorney

Wrongful Death Starts with Probate. Let Us Help You Begin the Process Today.