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Alabama law

Wrongful Death Laws in Alabama.

Alabama’s wrongful-death statute is unique in the country: only punitive damages are recoverable, not compensatory damages. Claims must be filed within 2 years of the date of death and are brought by the personal representative of the estate. This punitive-only damages structure shapes every aspect of Alabama wrongful-death practice.

Last verified: 2026-04-17

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State law

Statute of Limitations

2 years from date of deathAla. Code § 6-5-410

Alabama wrongful-death actions must be filed within 2 years of the date of death, not the date of injury. The 2-year deadline is treated as a substantive limit on the cause of action.

State law

Key Alabama Statutes

Alabama Wrongful Death ActAla. Code § 6-5-410

Alabama’s wrongful-death statute authorizes actions by the personal representative of the decedent, but allows only punitive damages — designed to punish wrongful conduct rather than compensate economic or emotional loss.

Wrongful Death of a MinorAla. Code § 6-5-391

Alabama has a separate wrongful-death statute for the death of a minor, which can be brought by the parents under its own structure.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Alabama.

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