When a collision is fatal
Wrongful death claims after a collision in Alabama
Nothing in this area of law is a substitute for the person who died. What it does is hold the responsible party to account, and Alabama does that in an unusual way.
What happens next
The first call
Free and confidential: what happened, who was hurt, and whether an insurer has already asked you for a recorded statement.
If there is a claim
The office writes to the insurers and the other driver to have the photographs, the vehicle data and the repair records preserved.
The agreement
The contingency fee and how case costs are handled are set out in a written agreement, signed only once you have read it.
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In Alabama a wrongful death claim is brought by the personal representative of the person who died — the executor named in a will, or an administrator appointed by the probate court where there is no will. The family does not file it individually, and appointing the personal representative is often the first practical step.
Alabama also differs from almost every other state in what the claim can recover. Damages in an Alabama wrongful death case are punitive only. They are not calculated from lost income, medical bills or the family’s grief; they are set by a jury according to how culpable the conduct that caused the death was, with the aim of punishing it and deterring it.
When a collision is fatal
How an Alabama wrongful death claim works
The framework is set by statute and differs from an ordinary injury claim in several ways.
- Who brings it
- The personal representative of the estate. Where none has been appointed, that is done through the probate court.
- The deadline
- Generally two years from the date of death. Claims involving a public body can carry much shorter notice requirements.
- What a jury is asked to decide
- How wrongful the conduct was. The damages are punitive, so the focus is on what the responsible party did rather than on a calculation of the family’s loss.
- Where the money goes
- Any recovery is distributed to the family under Alabama’s rules of inheritance. It does not pass through the estate and is generally not available to the estate’s creditors.
What the family can do now
In the weeks after a fatal collision, families are dealing with things far more important than a claim. A few practical steps can wait, but some cannot: the vehicles, the data they hold and the camera footage from the area are on the same retention schedules as in any other collision, and they do not pause for a funeral.
Where the person who died had been in hospital before their death, there may also be a separate claim for the injury itself, and medical bills and insurance questions that need answering. Those are worth sorting out once, together, rather than piecemeal as letters arrive.
This is a general description of Alabama law, provided for information. It is not legal advice, it does not address the facts of any particular case, and reading it does not create an attorney-client relationship.
Questions
Questions about wrongful death claims
Who can bring a wrongful death claim in Alabama?
The personal representative of the person who died. If there is a will, that is usually the executor it names; if not, the probate court can appoint an administrator. Family members do not bring the claim individually.
How long does the family have?
Generally two years from the date of death. Claims against a city, county or state entity carry their own, much shorter notice requirements, so it is worth identifying early whether one is involved.
Why are wrongful death damages in Alabama different?
Alabama’s wrongful death statute allows punitive damages only. The amount is based on how culpable the wrongful conduct was rather than on the economic value of the life lost, which is unlike the rule in nearly every other state.
Does contributory negligence apply to a wrongful death claim?
Yes. If the person who died is found to have contributed to the collision, that can bar the claim, just as it would bar an injury claim. That is one reason the physical evidence from the scene matters so much.
Lost a family member in a collision?
The first conversation is free and confidential.
Contact
Tell us what happened
Call, or write to us
If it is urgent, call — (334) 555-0142. If it is easier to write it down, the form below reaches the firm.
What happens next
The first call
Free and confidential: what happened, who was hurt, and whether an insurer has already asked you for a recorded statement.
If there is a claim
The office writes to the insurers and the other driver to have the photographs, the vehicle data and the repair records preserved.
The agreement
The contingency fee and how case costs are handled are set out in a written agreement, signed only once you have read it.