Alabama gives you two years from the date of death to file a wrongful death lawsuit
In Alabama, the statute of limitations for a wrongful death claim is two years. This means you have two years from the date the person died to file a lawsuit in court. If you do not file within that window, the court will dismiss your case, and you lose the right to pursue it entirely.
This two-year important date is strict. It does not pause or extend because you did not know about it, because you were grieving, or because you were still gathering information. The clock starts on the day of death and runs continuously.
The person or people who can file a wrongful death claim in Alabama are limited by law. Usually this means the surviving spouse, children, or parents of the person who died. If there is no spouse or children, parents can file. If there are no parents, adult children or siblings may have standing, depending on the circumstances. An executor of the estate can also file on behalf of the estate itself.
Key Takeaways
- You have exactly two years from the date of death to file a wrongful death lawsuit in Alabama; after that, the court will not hear your case.
- Only certain family members—spouse, children, parents, or the estate executor—have the legal right to file; you cannot file on behalf of someone else's family.
- The two-year important date does not pause for any reason, including grief, lack of knowledge, or time spent investigating the death.
- If you believe the death was caused by someone's negligence or wrongdoing, you should contact an attorney well before the two-year mark to preserve your right to file.
When the two-year clock actually starts
The statute of limitations begins on the date the person died, not the date you discovered the cause of death or filed a police report. This matters because some deaths are investigated slowly, or the cause becomes clear only weeks or months later. The law does not care—the two years run from the moment of death.
There is one narrow exception: if the person who caused the death left Alabama and did not live here, the time they were absent may not count toward the two-year limit. This is called tolling. However, this exception is rarely used and requires specific legal circumstances. You should not assume it applies to your situation.
If the person who died was a minor, the rules are different. A parent or guardian can file on the child's behalf at any time before the child turns 19 years old, even if that is longer than two years after the death. Once the child turns 19, the two-year limit applies to them as an adult.
What happens if you miss the important date
If the two years pass without a lawsuit being filed, you cannot file one afterward. The defendant can ask the court to dismiss the case when ready, and the court must grant that request. There is no second chance, no extension, and no exception for "I did not know about the important date."
This is why it is critical to contact an attorney as soon as possible after a death you believe was wrongful. An attorney can review the circumstances, investigate what happened, and file the lawsuit before time runs out. Even if you are still gathering information or waiting for police reports, an attorney can advise you on timing and make sure the important date is met.
Some families wait to see if criminal charges will be filed against the person responsible. Criminal cases and civil wrongful death lawsuits are separate—one does not depend on the other. A criminal conviction can help your civil case, but you do not have to wait for it. If you wait too long, you may lose the right to file at all.
Who can file and what they need to know
Alabama law lists who has the right to file a wrongful death claim, in this order: the surviving spouse, then children, then parents. If the person who died was not married and had no children, the parents can file. If there are no parents, adult siblings or other relatives may have standing, but this is less common and depends on the specific facts.
If there is a will or an estate, the executor or personal representative of the estate can also file a wrongful death claim. The money recovered goes into the estate and is distributed according to the will or Alabama law.
If multiple family members have the right to file—for example, a surviving spouse and adult children—they can file together or one person can file on behalf of all of them. It is usually simpler to have one person be the plaintiff, with the others listed as beneficiaries of the claim.
Types of deaths that can lead to a wrongful death claim
A wrongful death claim can be filed if someone's negligence, recklessness, or intentional act caused the death. This includes car accidents, medical malpractice, workplace accidents, defective products, assaults, or any other situation where the death would not have happened but for someone else's wrongdoing.
You do not need a criminal conviction to file a civil wrongful death claim. The legal standard in civil court is lower than in criminal court. Even if the person who caused the death was not charged criminally or was found not guilty, you can still file a civil lawsuit.
The claim must be against the person or entity whose actions caused the death—usually the driver in a car accident, the doctor or hospital in a medical malpractice case, the employer in a workplace death, or the manufacturer of a defective product. You can also sometimes sue the owner of a property where the death occurred, or a business that was negligent.
What you might recover in a wrongful death claim
If you win a wrongful death case in Alabama, the money you recover is meant to compensate for the loss. This can include the income the person would have earned if they had lived, medical and funeral expenses, and the loss of companionship and guidance.
The exact amount depends on the person's age, earning potential, life expectancy, and the circumstances of the death. A 35-year-old with 30 years of earning potential ahead will have a different claim value than a 75-year-old. There is no set formula, and amounts vary widely.
You do not recover money for your own pain and suffering in a wrongful death case—only for the losses listed above. This is different from a personal injury claim, where the injured person can recover for their own pain and suffering.
Why you need an attorney before the important date passes
An attorney can investigate the death, gather evidence, identify who is responsible, and file the lawsuit before the two-year important date. They can also negotiate with insurance companies and, if necessary, take the case to trial.
Many wrongful death attorneys work on contingency, which means they do not charge you upfront. Instead, they take a percentage of any money you recover. This makes it possible to pursue a claim even if you do not have money to pay for legal help.
The cost of waiting is high. If you contact an attorney on day 730 of the two-year window, there is almost no time to investigate, file, or prepare. If you contact one on day 731, you have lost the right to file at all. Do not let that happen.
Frequently Asked Questions
Can I file a wrongful death claim if the person who caused the death is not in jail or was not charged?
Yes. A wrongful death claim is a civil lawsuit, separate from criminal charges. You do not need a criminal conviction or even criminal charges to file. You only need to show that someone's negligence or wrongdoing caused the death. Many wrongful death cases are filed when no criminal case exists.
What if I am not sure who caused the death or what happened?
Contact an attorney anyway. An attorney can investigate, review police reports, interview witnesses, and determine who is responsible. You do not have to have all the answers before you reach out. But you do need to reach out before two years have passed.
Does the two-year important date change if the death was a homicide?
No. The statute of limitations for a wrongful death claim is two years regardless of whether the death was caused by an accident, negligence, or an intentional act. The two-year clock still starts on the date of death and does not pause for a criminal investigation or trial.
Can I file a wrongful death claim if I am not married to the person who died but we lived together?
In Alabama, only a legal spouse has the right to file as a spouse. If you were not married, you would need to be a child or parent of the person who died to have standing to file. Unmarried partners, even long-term ones, do not have the legal right to file a wrongful death claim in Alabama.
What if the person who caused the death has no money or insurance?
You can still file a claim. If you win, you can pursue collection against the defendant's assets or future income. Many defendants have insurance that covers wrongful death claims, even if they do not have personal wealth. An attorney can investigate what assets and insurance are available.