Wrongful Death Lawsuit in Alabama: Punitive Damages, Two-Year Deadline

A wrongful death lawsuit in Alabama works differently from one filed almost anywhere else in the country. Under Alabama Code § 6-5-410, the only money a jury can award is punitive damages meant to punish the person or company responsible, not compensation for lost income, medical bills, or funeral costs. The claim must be filed by the personal representative of the deceased person’s estate, generally within two years of the death, and whatever the jury awards is distributed to the heirs under Alabama’s intestate succession rules rather than paid into the estate.¹²

What You Can Recover, and What You Can’t

In most states, a wrongful death award tries to put a dollar figure on what the family lost: future earnings, medical costs before death, funeral expenses, emotional harm. Alabama rejects that approach. The jury is asked to look at the defendant’s conduct instead of the victim’s economic value, and to decide what level of punishment would discourage others from acting the same way.³

The practical consequence is sharp. A family that paid tens of thousands of dollars in hospital bills before a loved one died, or that is now short the income the deceased would have earned, cannot recover those losses through the wrongful death claim itself.² On the other side of the ledger, there is no ceiling on what a jury can award. Alabama caps punitive damages in ordinary personal injury cases, but the legislature explicitly carved wrongful death actions out of those limits.⁴ A jury can set the number wherever it believes punishment and deterrence require.⁵

The Survival Action as a Partial Fix

Alabama recognizes a separate tool, the survival action under Alabama Code § 6-5-462, that can fill some of the gap. A survival action continues the personal injury claim the deceased would have had, and it can recover compensatory damages for medical bills, lost wages, and pain and suffering between the injury and the death.⁶ There is a strict condition: the deceased must have already filed a personal injury lawsuit before dying. If no suit was pending at the time of death, the survival action generally is not available.⁷ For most families, that rules it out, and the wrongful death claim stands alone.

Who Has to File the Lawsuit

A surviving spouse, child, or parent cannot file an Alabama wrongful death lawsuit in their own name. The claim belongs to the personal representative of the deceased person’s estate.¹ If the deceased left a will, that document typically names an executor. If there was no will, the probate court appoints someone, often a surviving spouse, adult child, or parent.⁸

That means a probate step comes before the lawsuit. You file a petition, notify heirs, and sometimes post a bond. Straightforward appointments can take two to three weeks; complications can push the timeline to several months.⁹ A lawsuit filed without a properly appointed personal representative can be dismissed.⁸

When the Deceased Was a Minor

A different statute, Alabama Code § 6-5-391, applies when the deceased is under 19. Either parent may file the wrongful death action during the first six months after the child’s death. If neither parent files within that window, or if both parents are deceased, the personal representative of the minor’s estate may then bring the claim.¹⁰ The overall two-year deadline still applies.¹¹

The Two-Year Deadline, and Shorter Ones for Government Claims

The general deadline is two years from the date of death.¹ Miss it, and the right to sue is almost always gone for good. Because the probate appointment has to happen first, families should not wait until the end of the second year to start the process.

If a government entity is involved, the clock is shorter. A claim against a city or municipality requires written notice within six months of the cause of action, and a claim against a county requires notice within twelve months.¹² These notice requirements come before the lawsuit itself, and missing them can bar the case before it ever reaches a courtroom.¹³

Where the Money Goes

Even though the personal representative files and manages the lawsuit, any recovery does not go into the deceased’s general estate. Wrongful death proceeds bypass the estate and cannot be used to pay the deceased’s debts or creditors.¹⁴ The money is distributed to the deceased’s heirs under Alabama’s intestate succession laws, regardless of what the will says.¹⁵

The distribution follows a set hierarchy:

Surviving spouse with no children or parents: the spouse receives the entire award.
Spouse and children all from the current marriage: the spouse receives the first $50,000 plus half of the remainder, and the children split the other half.
Spouse and children from outside the current marriage: the spouse and children each receive 50 percent.
Spouse and surviving parents, no children: the spouse receives the first $100,000 plus half of the remainder, and the parents receive the rest.
Unmarried with children: the children split the award equally.
Unmarried with no children: the parents receive the full amount.
No spouse, children, or parents: siblings are next, followed by more distant relatives such as grandchildren, grandparents, aunts, uncles, and cousins.¹⁵

Federal Taxes

Punitive damages are ordinarily taxable as income under federal law. The IRS makes an exception when a state’s wrongful death statute provides only for punitive damages, which fits Alabama exactly. Under Internal Revenue Code Section 104(c), Alabama wrongful death awards are excluded from gross income, and the Northern District of Alabama addressed this treatment in Burford v. United States (1986).¹⁶

When the Defendant Is a Government Entity

Suing the government adds layers that do not apply to private defendants. The State of Alabama itself enjoys absolute sovereign immunity under Article I, Section 14 of the state constitution and generally cannot be sued at all.¹²

Cities and counties can be sued. Municipal tort immunity was abolished by the Alabama Supreme Court in Jackson v. City of Florence (1975), and municipalities can be held liable for the negligent acts of their officers and employees under Alabama Code § 11-47-190.¹⁷ Recovery against a municipality is capped at $100,000 per person and $300,000 per occurrence, and punitive damages cannot be collected from the municipality itself.¹² That last point matters because punitive damages are the whole point of an Alabama wrongful death claim. Individual government employees can sometimes be sued in their personal capacity, where the caps do not apply, though discretionary-function immunity and qualified immunity may still shield them.

As of October 2025, Alabama significantly expanded qualified immunity protections for law enforcement officers, covering injury claims including those resulting in death.¹²

Medical, Nursing Home, and Workplace Deaths

Certain contexts carry extra procedural requirements on top of the wrongful death rules.

Medical Malpractice

If a healthcare provider’s negligence caused the death, the Alabama Medical Liability Act applies. Before filing, the plaintiff must have a detailed expert opinion supporting the claim, and the complaint must identify the expert witnesses and describe each alleged negligent act with specificity. If the defendant is a specialist, the testifying expert must be certified in the same specialty and must have practiced in it during the year before the alleged malpractice.¹⁸

Nursing Home Abuse or Neglect

Nursing home cases also fall under the Medical Liability Act and carry the same expert testimony and pleading standards. Because wrongful death yields only punitive damages, plaintiffs’ attorneys in nursing home cases sometimes add a separate breach-of-contract claim, which can allow recovery of compensatory damages like pain and suffering under Alabama Code § 6-5-452.¹⁹

On-the-Job Deaths

When an employee dies on the job, Alabama’s workers’ compensation system generally acts as the exclusive remedy against the employer. The employer gives up certain defenses in exchange for immunity from tort lawsuits. Exceptions exist. A co-employee can be sued if the death resulted from “willful misconduct,” such as intentionally removing a manufacturer-provided safety guard with knowledge that injury or death was likely. Claims can also be brought against third parties such as equipment manufacturers, maintenance contractors, or affiliated companies outside the workers’ comp framework.²⁰

Contributory Negligence

Alabama is one of a handful of states that still follows pure contributory negligence. In an ordinary personal injury case, if the injured person bears any fault at all, even one percent, they are completely barred from recovery.¹¹

Whether that defense applies with the same force in a wrongful death case is unsettled. One analysis argues contributory negligence is generally not viable in Alabama wrongful death actions because the damages are punitive and the focus is on the defendant’s wrongdoing, not the victim’s behavior.²¹ Other sources treat it as still relevant, noting that if the deceased bore any responsibility for the fatal event the claim could be barred.¹¹ The practical answer tends to depend on the facts and how the case is framed.

What the Process Looks Like Step by Step

Timelines vary, but most Alabama wrongful death cases move through the same general sequence:

Opening an estate. A petition is filed with the probate court to appoint a personal representative, which typically takes two to three weeks in uncomplicated cases.⁸
Investigation. Attorneys gather police reports, medical records, witness statements, and expert opinions to build the case for liability and to show how egregious the defendant’s conduct was.²²
Filing the complaint. The personal representative files in the county where the deceased could have filed a personal injury action had they survived.¹
Discovery. Both sides exchange evidence, take depositions, and retain experts.
Settlement or trial. Many cases settle before trial, and settlements often require probate court approval. If no agreement is reached, the case goes to a jury.⁸

Because the award turns entirely on how a jury views the defendant’s conduct, and because there is no cap and no formula tying the number to any economic loss, outcomes in Alabama wrongful death cases can swing widely. That is the frame to keep in mind from the first conversation with a lawyer through the final decision on whether to settle or try the case.

1
Findlaw. Alabama Code Section 6-5-410
2
Golaw.net. The Peculiarities of Alabama Wrongful Death Law
3
Cross and Smith. Wrongful Death
4
Swift Currie. Tort Law Guide
5
Golaw.net. Unique Issues in Alabama Wrongful Death Cases
6
Gartlan Injury Law. Survival Actions in Alabama Wrongful Death Cases
7
MWL Law. Subrogating Workers Compensation Death Benefits in Alabama
8
Pylant Estate Law. Wrongful Death Probate FAQs
9
Barfoot Schoettker. Filing a Wrongful Death Claim in Alabama
10
Wheeles Garmon. Who Can File a Wrongful Death Claim in Alabama
11
NOLO. Wrongful Death Lawsuits in Alabama
12
NOLO. Injury Claims Against the Government in Alabama
13
Carter Elloyd Law. Alabama Wrongful Death Statute of Limitations
14
Pylant Estate Law. Alabama Wrongful Death Explained
15
HGD Law Firm. Who Receives the Money From an Alabama Wrongful Death Lawsuit
16
IRS. Tax Implications of Settlements and Judgments
17
Alabama League of Municipalities. Municipal Liability
18
Gilman Bedigian. Alabama Medical Malpractice Laws
19
Beasley Allen. Nursing Home Litigation – Plaintiff’s Perspective
20
Burr. Employer Liability Presentation
21
Alabama Injury Lawyer. Alabama Wrongful Death Lawyer
22
Moore Law Firm. Wrongful Death Lawsuit in an Auto Accident