Wrongful Death Attorneys in North Alabama

Losing a loved one because of someone else’s carelessness is devastating. A wrongful death claim lets a family hold the responsible person or company accountable when a death is caused by negligence, recklessness, or intentional misconduct.

Johnston, Moore & Weston represents families throughout North Alabama, including Huntsville, Madison, Decatur, Florence, Athens, Sheffield, Muscle Shoals, and surrounding communities, in fatal accident claims and related litigation.

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What Is a Wrongful Death Claim in Alabama?

Under Alabama’s Wrongful Death Act, Alabama Code § 6-5-410, a claim may be brought when a person dies because of the wrongful act, omission, or negligence of another person or company.

Alabama’s law is different from every other state’s: damages in a wrongful death case are punitive only. Their purpose is to punish the wrongdoer and deter similar conduct, not to reimburse specific losses such as medical bills or lost income. Claims can involve both negligent conduct (carelessness) and intentional or reckless acts.

Common causes of fatal injury claims include:

• Fatal car accidents and distracted driving crashes
• Commercial truck and 18-wheeler collisions
• Drunk and impaired driving crashes
• Medical malpractice, surgical errors, and failure to diagnose
• Unsafe workplaces and construction accidents
• Nursing home neglect and elder abuse
• Defective products and equipment failures
• Violent acts and other serious misconduct

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Who Can File a Wrongful Death Lawsuit in Alabama?

In Alabama, a wrongful death lawsuit for an adult must be filed by the personal representative of the deceased person’s estate, usually the executor named in the will or an administrator appointed by the probate court. Family members cannot file in their own names. If no personal representative has been appointed, one must be named through the probate court before the case can move forward, and our Huntsville probate lawyers can help with that step.

When the victim is a child, a separate statute applies, and the child’s parents generally have the first right to bring the claim.

Who receives the money?

Any recovery does not become part of the deceased person’s estate. It is not subject to the deceased’s debts, and it does not pass under the will. Instead, it is distributed to family members under Alabama’s statute of distributions, the same rules that apply when someone dies without a will. Depending on the family, that can include a spouse, children, or parents.

Wrongful death vs. survival claims

A wrongful death claim is different from a survival claim. A survival claim continues a personal injury lawsuit the injured person had already filed before they died. An experienced attorney can determine which claims your family may pursue.

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Common Wrongful Death Scenarios

Fatal Motor Vehicle Accidents

Many cases involve high-speed collisions, impaired driving, or distracted driving on highways such as I-565, US-72, and I-65. If you lost a loved one in a crash, learn how our wrongful death car accident lawyers in Huntsville help families, or read more about our car accident practice.

Truck Accident Fatalities

Commercial vehicle crashes often involve driver negligence, trucking company liability, hours-of-service violations, or poor maintenance, and the forces involved make them especially deadly.

Medical Negligence Death Claims

Medical errors can include surgical mistakes, medication errors, delayed diagnosis, or hospital-acquired complications.

Workplace Fatal Injury Cases

Industrial and construction accidents may involve unsafe conditions, equipment failures, or OSHA violations. Families may have a workers’ compensation death benefit claim as well as a separate claim against a negligent third party, such as an equipment manufacturer.

Nursing Home Neglect Cases

Neglect-related deaths may involve dehydration, infection, falls, bedsores, or failure to provide proper supervision or care.

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How Liability Is Proven

Wrongful death claims require proof that another party’s conduct caused the fatal injury. Responsible parties may include:

• Negligent individuals (drivers, employees, caregivers)
• Corporate defendants (hospitals, employers, trucking companies)
• Product manufacturers or designers
• Government entities, in limited cases and subject to strict notice deadlines

These cases often require expert review, including accident reconstruction, medical analysis, and engineering evaluation.

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Compensation in Alabama Wrongful Death Cases

Because Alabama wrongful death damages are punitive, the amount a jury awards is based on how wrongful the defendant’s conduct was and the need to deter similar conduct, not on the deceased person’s income or medical bills.

• Damages are set by the jury based on the degree of fault
• Alabama’s general caps on punitive damages do not apply to wrongful death cases
• Recovery goes to the family under the statute of distributions, not to the estate’s creditors

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Why Fatal Accident Claims Are Legally Complex

Wrongful death litigation often involves multiple defendants, insurers, and corporate defense teams. Your attorney must:

• Identify every liable party
• Preserve critical evidence early
• Review medical and technical records
• Have a personal representative appointed through the probate court
• Counter insurance company defense strategies

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Evidence Used in Wrongful Death Claims

• Police and accident reconstruction reports
• Medical records and autopsy findings
• Witness statements and depositions
• Video or surveillance footage
• OSHA or workplace safety records
• Product testing and failure analysis

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Alabama Wrongful Death Statute of Limitations

Most wrongful death claims in Alabama must be filed within two years from the date of death, not the date of the accident.

Claims involving a city or county have much shorter deadlines: a notice of claim against a city is generally due within six months, and against a county within 12 months. Because timing rules vary, early legal review is strongly recommended.

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Courts Handling Wrongful Death Cases in North Alabama

• Madison County Circuit Court (Huntsville)
• Limestone County Circuit Court (Athens)
• Morgan County Circuit Court (Decatur)
• Lauderdale County Circuit Court (Florence)
• Colbert County Circuit Court (Tuscumbia)

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Frequently Asked Questions

What is considered wrongful death in Alabama?

A death caused by another person’s or company’s negligence, recklessness, or intentional misconduct may support a wrongful death claim under Alabama Code § 6-5-410.

Who files a wrongful death claim in Alabama?

For an adult, only the personal representative of the deceased person’s estate can file. For a minor child, the parents generally have the first right to file.

What damages can a family recover?

Alabama is the only state where wrongful death damages are punitive only. The jury awards an amount based on the seriousness of the wrongdoing, and the general punitive damages caps do not apply.

How long do I have to file?

Generally two years from the date of death. Claims against a city or county have much shorter notice deadlines.

Do wrongful death cases go to trial?

Some settle, but many go to trial because liability is disputed. Preparing every case for trial puts families in the strongest position to negotiate.

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Speak With a Wrongful Death Attorney in North Alabama

If your family has lost a loved one because of someone else’s negligence, you may have a wrongful death claim. Johnston, Moore & Weston represents families across North Alabama and can review your case, explain your legal options, and guide you through every step, including the probate process.