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Alabama Wrongful Death Laws

The Alabama Wrongful Death Statute can be found at Code of Ala. § 6-5-410.  Pursuant to the Act, a personal representative of a testator or intestate may commence an action in a court of competent jurisdiction and recover damages within the State of Alabama for the wrongful act, omission, or negligence of any person, persons, or corporation, his or their servants or agents, which resulted in death of the testator or intestate provided, the testator or intestate could have commenced an action for such wrongful act, omission, or negligence if it had not caused death.

An action for wrongful death does not abate by the death of the defendant.  The action can be revived against his or her personal representative and may be maintained though there has not been prosecution, conviction or acquittal of the defendant for the wrongful act, omission, or negligence[i].  The damages recovered from the defendant or his or her personal representative shall be distributed according to the statute of distributions.  The amount recovered as damages are not subject to the payment of the deceased’s debts or liabilities.  An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent must be commenced within two years from the death[ii].

[i] Code of Ala. § 6-5-410

[ii] Id

Inside Alabama Wrongful Death Laws