Alabama law takes a unique approach to wrongful death claims. Instead of allowing family members to file directly, Alabama Code § 6-5-410 requires that a wrongful death action for an adult be filed by the decedent’s personal representative, the individual appointed by the probate court to act on the estate’s behalf.
If you’ve lost someone to another’s negligence, this rule affects how quickly you can act and who is legally allowed to move the case forward. Wheeles & Garmon is here to guide you through these steps, explain what needs to happen, and support your Alabama wrongful death action.
Who Qualifies as a Personal Representative in AL?
Because Alabama limits who may file a wrongful death claim, one of the first questions you may face is who can serve in that role. The personal representative is appointed by the probate court and acts as the legal authority for pursuing the claim under Alabama Code § 6-5-410.
If your loved one left a valid will, the person named as executor is usually eligible to serve once the court confirms the appointment. If there is no will, Alabama probate law outlines who may petition the court to take on this responsibility, typically beginning with the surviving spouse, then adult children, parents, and adult siblings.
If no qualified family member is willing or able to serve, the probate court may appoint a neutral third party—such as an attorney or a professional administrator— to ensure that someone with the authority to manage the estate is in place. If a wrongful death claim is ultimately pursued, this representative is the person who will file it.
Even though the personal representative is the one authorized to bring the action, the claim is pursued for your family’s benefit, not the estate’s. Any recovery is distributed under Alabama’s intestacy laws and is intended to support the heirs who have suffered the loss.
Wrongful Death Claims Involving Minors
Alabama law has a special rule when the wrongful death action involves a minor. Under Alabama Code § 6-5-391, either parent may file the wrongful death action during the first six months after the child’s passing. This limited window provides parents with the opportunity to act immediately if they choose to do so.
If neither parent files within that six-month period, the right to bring the claim shifts to a court-appointed personal representative of the minor child.
A wrongful death attorney can help you understand these options, confirm who is legally allowed to file, and make sure the right steps are taken under Alabama law.
Why Experienced Counsel Is Critical in Alabama Wrongful Death Actions
Alabama’s wrongful death laws involve several steps that must be completed in the right order before a claim can move forward. When you’re dealing with the loss of a loved one, keeping track of probate appointments, deadlines, and foreign legal rules is the last thing you can manage.
It’s better to hand these responsibilities over to an attorney who can initiate the process and build a solid foundation for the action.
Understanding the Procedural Requirements
Filing a wrongful death claim in Alabama requires careful compliance with both probate and civil litigation rules. Under state law, the action must generally be filed within two years of the date of death, and only after the personal representative has been officially appointed.
Filing out of sequence—or outside of the statutory period—can cause the claim to be dismissed. An attorney helps you meet all procedural requirements and preserve your rights.
Navigating the Claim With Wheeles & Garmon
At Wheeles & Garmon, we understand how difficult it can be to manage legal responsibilities in the wake of a loss. Our role is to shoulder those burdens so you can focus your attention where it’s needed most. Our attorneys assist with:
- Helping open the estate and securing the appointment of the personal representative
- Filing the wrongful death action within Alabama’s required deadlines
- Investigating the circumstances of the death and preserving key evidence
- Advising heirs on their rights and ensuring any recovery is distributed properly
- Seeking the full measure of punitive damages the law allows to hold the responsible party accountable
We represent families in wrongful death cases arising from:
- Defective firearms
- Car accidents
- Tractor-trailer and commercial vehicle crashes
- Motorcycle collisions
- Boating accidents
- Other preventable incidents
Contact an Experienced Wrongful Death Lawyer at Wheeles & Garmon
Losing someone to the negligent actions of another changes lives in profound ways. Important legal questions that could impact your future are much too difficult to investigate when you are already carrying so much.
If your family is coping with the loss of a loved one, contact Wheeles & Garmon today for a free, confidential consultation.