You generally have two years from the date of the injury to file a lawsuit under Alabama Code Section 6-2-38. If you miss this deadline, you will likely lose your right to seek compensation. However, there are some exceptions, which is why consulting an attorney early is critical.
Because of Alabama’s strict contributory negligence law, if you are found to be even 1% at fault, you cannot recover any money. This makes it absolutely vital to have an attorney who can effectively argue that the other party was 100% responsible and protect you from allegations of shared fault.
The value of a case depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, and the impact the injury has had on your life. We can give you a better idea of your case’s potential value after a thorough review of the facts.
The timeline varies greatly. A straightforward case might settle in a few months, while a complex case that goes to trial could take a year or more. We strive to resolve cases efficiently, but we will never rush a settlement if it means accepting less than you deserve.
Probably not. The vast majority of personal injury cases are settled out of court through negotiations with the insurance company. However, if a fair agreement cannot be reached, we are fully prepared to represent you at trial.
We handle all personal injury cases on a contingency fee basis. This means you pay absolutely no attorney fees unless and until we win your case and recover money for you. Our fee is a percentage of the total recovery, so there is no financial risk to you.
You may still be able to recover compensation through your own insurance policy if you have Uninsured/Underinsured Motorist (UIM) coverage. We can help you navigate this process and uncover all available sources of compensation.
We are not afraid to take on even the most complex cases. We thrive on the challenge of fighting for our clients’ rights against powerful opposition. We have a history of securing favorable outcomes for our clients, and we will fight tirelessly to ensure you are made whole again.
Under Alabama Code § 6-5-410, a wrongful death claim arises when a person dies as a result of the wrongful act, omission, or negligence of another person, corporation, or their agents. The claim must be filed by the personal representative of the deceased's estate and must be commenced within two years of the date of death. Alabama's wrongful death statute is unique in the nation because it limits recovery to punitive damages only---not compensatory damages.
Alabama has one of the most distinctive wrongful death statutes in the country. In most states, the family of a deceased person can recover compensatory damages---funeral costs, lost income, medical bills incurred before death, and the emotional loss of the relationship. Alabama does not follow that model. Under the wrongful death statute, the sole remedy is punitive damages, which are intended to punish the wrongdoer and deter similar conduct in the future rather than to compensate the family for specific financial losses.
This distinction is critically important and often misunderstood. Punitive damages in Alabama wrongful death cases are not subject to the statutory caps that apply to punitive damages in other civil actions. A jury has broad discretion to award whatever amount it determines is appropriate to punish the defendant's conduct and preserve human life. The "wrongness" of the defendant's behavior---not the family's financial losses---is the central question the jury must answer.
Only the personal representative of the deceased's estate may file a wrongful death lawsuit in Alabama. The personal representative is typically named in the deceased's will. If no will exists, the probate court in Baldwin County will appoint an administrator to serve in that role. The personal representative is often a surviving spouse, adult child, or parent of the deceased.
This requirement catches many families off guard. Unlike states that allow a surviving spouse or children to file directly, Alabama requires the claim to be brought by the estate's personal representative. If your loved one died without a will, you will need to open a probate proceeding in Baldwin County Probate Court to have an administrator appointed before the wrongful death action can be filed.
The two-year statute of limitations under Alabama Code § 6-5-410 begins running from the date of death---not from the date the personal representative is appointed. We help families navigate both the probate appointment and the wrongful death claim simultaneously, ensuring that no deadlines are missed while the legal groundwork is being laid.
Wrongful death claims in Baldwin County arise from a wide range of circumstances, including car and truck accidents, motorcycle crashes, premises liability incidents, medical negligence, workplace accidents, defective products, and criminal acts such as assaults or DUI-related fatalities. Any death caused by another party's negligence, recklessness, or intentional misconduct may support a claim.
Alabama's wrongful death statute limits recovery to punitive damages only---intended to punish the wrongdoer and deter similar conduct. Compensatory damages for medical bills, funeral costs, and lost income are not available under the wrongful death statute itself. However, families may also pursue a separate survival action to recover compensatory damages for harm the deceased suffered before death.
Many families assume they will be compensated for funeral expenses, lost income, and the emotional devastation of losing a loved one. Under the wrongful death statute alone, those specific losses are not the basis for the award. The jury instead assesses damages based on the degree of the defendant's wrongfulness. Alabama does not cap punitive damages in wrongful death cases, and a jury considering a death caused by a drunk driver, a trucking company that ignored safety regulations, or a property owner who knowingly allowed a dangerous condition to persist has broad authority to award substantial damages.
Survival Actions: Recovering Compensatory Damages
A survival action is a separate legal claim that allows the estate to recover compensatory damages for harm the deceased suffered while still alive. If your loved one survived for any period after the injury---even hours or days---the estate may recover damages for medical expenses incurred before death, the deceased's pain and suffering, lost wages during the survival period, and other losses. A survival action can be pursued alongside a wrongful death claim, and the two awards are cumulative---the compensation from one does not offset the other.
Alabama's pure contributory negligence rule applies to wrongful death cases. If the deceased was found to be even 1% at fault for the incident that caused their death, the family is completely barred from recovering any damages. This makes it essential to build an airtight case proving that the defendant's negligence was the sole cause of the fatal incident.
Defense attorneys and insurance companies will aggressively investigate the deceased's conduct in the moments leading up to the fatal incident. They will look for any evidence---speed, lane position, distraction, failure to wear a seatbelt---that might support an argument that the deceased shared a fraction of the fault. In a state where any contributory fault bars recovery entirely, even a minor allegation can destroy a claim. Preserving evidence, securing witness statements, obtaining the at-fault party's phone records, and working with accident reconstruction professionals are not optional steps---they are the foundation of a case built to withstand this defense.
The wrongful death claims process involves appointing a personal representative through probate court, conducting a thorough investigation, identifying all liable parties, filing the lawsuit within the two-year statute of limitations, pursuing discovery and negotiation, and preparing for trial if a fair settlement cannot be reached.
We handle all wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. Our fee is a percentage of the total recovery. There are no upfront costs, no hourly bills, and no financial risk to you.
Wrongful death cases require significant resources---accident reconstruction, forensic analysis, medical documentation, and testimony from qualified professionals. We invest those resources on your family's behalf because we believe in your case. The contingency fee model ensures that families are not prevented from seeking justice by the cost of legal representation.
If your family has lost a loved one because of someone else's negligence or recklessness, time is working against you. Evidence degrades, witnesses' memories fade, and the two-year statute of limitations is already running. The Law Office of Lindsay Demers is prepared to act immediately to investigate the circumstances of your loved one's death and protect your family's right to accountability. We serve families throughout Baldwin County, from Foley and Gulf Shores to Daphne, Fairhope, Spanish Fort, Bay Minette, and the communities along the I-10 corridor.
Call us now at 251-308-4200 or fill out our contact form for a free, confidential consultation. We will listen to your family's story, explain how Alabama's wrongful death law applies to your situation, and begin building the case your loved one deserves.
Why does Alabama only allow punitive damages in wrongful death cases?
Alabama's wrongful death statute dates back to the 19th century and is rooted in the principle that the purpose of a wrongful death action is to punish conduct that causes death and deter others from similar behavior. Because there is no cap on punitive damages in wrongful death cases, substantial awards are common when the defendant's behavior was particularly reckless or egregious.
Can I file a wrongful death claim if the responsible party is also facing criminal charges?
Yes. A wrongful death lawsuit is a civil action that is separate from any criminal prosecution. The civil case does not require a criminal conviction, and it can proceed regardless of the outcome of the criminal case. The standard of proof in a civil case---preponderance of the evidence---is lower than the "beyond a reasonable doubt" standard required for a criminal conviction.
What is the statute of limitations for a wrongful death lawsuit in Alabama?
The wrongful death claim must be filed within two years from the date of the deceased's death under Alabama Code § 6-5-410(d). Missing this deadline permanently forfeits the family's right to seek accountability. Because the probate process for appointing a personal representative takes time, it is critical to contact an attorney as soon as possible after the death.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks punitive damages for the death itself and can only be filed by the personal representative of the estate. A survival action continues a personal injury claim the deceased could have brought if they had survived, seeking compensatory damages for medical bills, pain and suffering, and lost wages incurred before death. Both claims can be pursued simultaneously, and the awards from each are cumulative.
Who receives the money from a wrongful death verdict or settlement?
Damages recovered in an Alabama wrongful death case are distributed according to Alabama's statute of distributions---the same rules that govern inheritance when a person dies without a will. The money is not subject to the deceased's debts or liabilities. Typically, the surviving spouse and children are the primary beneficiaries. If there is no surviving spouse or children, the distribution follows the statutory order to parents, siblings, and other relatives.
Can I file a wrongful death claim for a loved one killed by a drunk driver?
Yes, and these cases often result in substantial punitive damage awards. Drunk driving represents exactly the kind of egregious, reckless conduct that Alabama's wrongful death statute is designed to punish. A jury assessing punitive damages in a DUI-related death will consider the severity of the defendant's intoxication, whether they had prior DUI offenses, and the circumstances of the fatal crash.
How long does a wrongful death case take to resolve?
The timeline varies depending on the complexity of the case and the number of defendants. Some cases settle within several months; others may take a year or more. We prioritize thorough preparation over speed because the quality of the outcome is more important than the timeline.
Do I need to go through probate before filing a wrongful death lawsuit?
Yes, in most cases. Alabama law requires the personal representative of the estate to file the wrongful death claim. If the deceased had a will naming an executor, that person can act immediately. If there is no will, a family member must petition the Baldwin County Probate Court for appointment as administrator. We help families navigate this process efficiently so that the wrongful death investigation and the probate appointment can proceed in parallel.
