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Alabama Code § 6-5-410 (2023) | AL Wrongful Death Statute
If you lost a loved one because of a wrongful death in Alabama, you may be considering filing a wrongful death lawsuit. Not all deaths are considered “wrongful.” In Alabama, a wrongful death occurs when a person dies due to someone else’s wrongful act, omission, or negligence, where had the victim survived, they would’ve had the right to file a personal injury lawsuit against the defendant.
In Alabama, wrongful death cases fall under Alabama Code § 6-5-410. This statute permits a personal representative of the deceased loved one to take action to recover damages within two years of the death.
Let’s take a closer look at the Alabama wrongful death statute below.
Alabama Code Title 6. Civil Practice § 6-5-410 Wrongful Act, Omission, or Negligence Causing Death
Alabama law states the following about wrongful death lawsuits in Code § 6-5-410:
(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or her or their servants or agents, whereby the death of the testator or intestate was caused, provided the testator or intestate could have commenced an action for the wrongful act, omission, or negligence if it had not caused death.
(b) The action shall not abate by the death of the defendant, but may be revived against his or her personal representative and may be maintained though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence.
(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.
(d) The action must be commenced within two years from and after the death of the testator or intestate.
(e) For any cause of action brought pursuant to this section, the action may only be filed in a county where the deceased could have commenced an action for the alleged wrongful act, omission, or negligence pursuant to Section 6-3-2 or 6-3-7, if the alleged wrongful act, omission, or negligence had not caused death. Nothing in this subsection is intended to override Rule 82 of the Alabama Rules of Civil Procedure.
(f) This section shall only apply to actions filed after June 9, 2011.
Source: FindLaw.com - Alabama Code Title 6. Civil Practice § 6-5-410 SECTION 6-5-410 WRONGFUL ACT, OMISSION, OR NEGLIGENCE CAUSING DEATH - last updated November 25, 2024 | https://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-410/
Alabama’s Wrongful Death Statute: Explained
If a family member died because of someone else’s wrongful act or negligence, Alabama law allows a representative of the deceased person to pursue compensation in a wrongful death claim. Common causes of a wrongful death case include, but are not limited to:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Defective products
- Pedestrian accidents
- Intentional crime
A wrongful death lawsuit is a civil proceeding that occurs separate from any criminal charges the defendant may face. This type of lawsuit serves as a voice of the deceased and aims to provide justice and financial relief for any tangible and intangible damages inflicted on surviving family members.
In order to prove that the loved one’s death was wrongful, the following elements must be established:
- Duty of Care: The defendant had a legal and ethical obligation to act in a way that avoids foreseeable harm to others.
- Breach of Duty: Through provable action or inaction, the defendant failed to exercise reasonable care, put others at risk, and ultimately led to the wrongful death of an innocent person.
- Causal Link: The defendant’s breach of duty directly resulted in the wrongful death of the family member.
- Tangible Losses: Surviving family members of the deceased person suffered measurable emotional, financial, and other damages from the death of their loved one.
It’s important to work with a compassionate and justice-driven wrongful death lawyer to prove these elements and navigate the complexities of the case.
What Does a Wrongful Death Case Look Like in Alabama?
In some cases, a defendant could face criminal charges and a wrongful death lawsuit for the same act. If the death was accidental, the person who caused the death could still face a wrongful death lawsuit even if they aren’t charged with a crime.
In a wrongful death case in Alabama, the plaintiff must prove that it’s more likely than not that the defendant caused their family member’s death through negligence, an intentional act of harm, or another legal fault. The specifics of what must be proved differ depending on the specific case.
In Alabama, the plaintiff has two years from the date of the death to file charges, according to the Alabama statute of limitations for wrongful death. However, if the victim was a minor under the age of 19, Alabama law allows the victim’s mother or father six months from the date of the death to bring a wrongful death lawsuit. If the parents are deceased or do not file a claim for another reason, then the child’s personal representative can file a claim after the six-month deadline has passed. (Alabama Code § 6-5-391 (2024).)
Who Can File a Wrongful Death Claim?
In Alabama, only the personal representative, or executor, of the deceased person’s estate is permitted to file a wrongful death claim. (Alabama Code § 6-5-410 (2024).) Naming an executor is a vital part of estate planning. An executor can be any of the following:
- Spouse: A surviving spouse includes married spouses or domestic/civil union partners in states that recognize these unions.
- Children: Biological, adopted, or children being raised by the deceased can file a lawsuit, regardless of their age or dependency status.
- Parents: Parents serving as executors typically applies to cases involving minor children, but some states may allow filings from parents of adult children on whom they were financially and/or physically dependent.
- Siblings: Siblings may be appointed as executors and eligible to file wrongful death claims in some states, but the closeness of the relationship may be assessed.
- Grandparents: While rare, grandparents may file if the deceased was heavily dependent on a grandparent.
- The Estate: If no family member can file, some states allow legal representatives of the deceased’s estate to become plaintiffs as a last option.
If the deceased person did not have a will or estate plan, then the court may appoint an executor. Additionally, if a named executor cannot serve in the role for any reason, a court-appointed executor may serve in their place.
Compensation and Damages for Wrongful Death Cases
In Alabama, the state supreme court ruled that punitive damages are the sole remedy for wrongful death claims. These damages have the intention of punishing the defendant for their egregious act. In addition to punishing the defendant, punitive damages, like standard compensatory damages, can help cover funeral expenses, counseling or therapy, and lost income, as well as emotional distress. There is no cap for damages in wrongful death cases in Alabama.
Damages in a wrongful death case can be awarded for:
Lost Financial Support
Lost financial support can include loss of income, benefits, retirement contributions, and any other financial resources the deceased would have earned. Additional factors include inheritances, college funds for children, insurance benefits, and shared household wealth. Lost financial support is calculated by the deceased’s earning potential over a full life expectancy.
Loss of Companionship
While not financially quantifiable, the emotional pain of losing the companionship of a loved one is immense. Even though no dollar amount can define this tragic loss, compensation can help provide resources for families to move forward after the wrongful death of their loved one.
Emotional and Mental Anguish
The wrongful death of a loved one can cause grief, depression, anxiety, and trauma. Damages awarded for mental and emotional anguish are intended to cover therapy, counseling, or any other treatment necessary to process the psychological trauma of the tragic loss.
Statute of Limitations for Wrongful Death Cases
Like the Alabama statute of limitations for personal injury, wrongful death claims must be filed two years from the date of the victim’s death. (Alabama Code § 6-2-38 (2024).) Typically, missing the filing deadline means losing out on your right to pursue compensation. With this in mind, it’s paramount to act fast and work with an experienced wrongful death lawyer as soon as possible to improve your chances of winning compensation for your loss.
Get the Best Results From Your Wrongful Death Case
The emotional and mental distress that comes with the wrongful death of a family member is overwhelming and often all-consuming. When navigating this incredibly challenging time, you deserve to work with an attorney who will relentlessly fight for you while also providing compassion and empathy.
That’s why so many Alabama residents turn to the skilled team at Wettermark Keith. To us, your wrongful death case is personal. Get in touch with our team today to schedule a free consultation and begin the path toward justice for your loved one.
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