In Alabama, the wrongful death statute of limitations is generally two years from the date of death under Ala. Code § 6-5-410. The clock starts on the date of death, not the date of injury. Only the personal representative of the deceased’s estate can file the lawsuit.
How Long You Have to File a Wrongful Death Lawsuit in Alabama
Alabama law gives families two years to file most wrongful death claims, as set by Ala. Code § 6-5-410. The statute sets the deadline for your case. Our wrongful death team helps families understand which deadline applies.
However, only the personal representative can file a claim. Family members cannot file the lawsuit directly. Typically, the deceased’s will names the personal representative.
There are also different rules for minor children. Ala. Code § 6-5-391 covers wrongful death claims involving minors under age 19. The overall two-year deadline still applies.
When the Statute of Limitations Countdown Begins
Alabama’s wrongful death deadline runs from the date of death. For example, a person is injured, and they later pass away from those injuries. The two-year countdown starts on the day of death, not the day of the injury. In rare situations, the deadline may be extended if the cause was actively concealed.
When Can the Deadline Be Extended or Shortened?
The two-year rule has limited exceptions that can either pause or shorten the deadline. For example, Alabama allows the deadline to pause in limited situations.
- Fraudulent concealment, or intention to hide. If the defendant actively hid their role in the death, the clock may pause until the family discovers the fraud.
- If the personal representative is legally incapacitated, the clock may pause until capacity is restored.
- When the defendant has left Alabama, the time they spend out of state may not count toward the two-year deadline.
- Shorter deadlines for government claims. When a city, county, or state government may be responsible, much shorter notice deadlines apply.
The best thing you can do to protect your wrongful death case is to meet with a personal injury attorney. They can explain your legal options to you.
Alabama Wrongful Death Notice and Filing Deadlines
| Deadline | What It Applies To | Time From Death |
|---|---|---|
| Municipal notice | Cities | 6 months |
| County notice | Counties | 12 months |
| General wrongful death lawsuit | Most cases under Ala. Code § 6-5-410 | 2 years |
| Minor wrongful death | Under Ala. Code § 6-5-391 | 2 years (with priority rules) |
Did you believe that your loved one passed away from medical malpractice? Special procedural rules apply under the Alabama Medical Liability Act. The basic two-year deadline still applies, but additional requirements may apply for medical malpractice claims.
What Happens If You Miss the Deadline
Unfortunately, missing Alabama’s wrongful death deadline almost always bars the claim entirely.
Court Dismissal
If you or the personal representative files after the two-year deadline, the defendant can move to dismiss the case. Alabama courts apply the statute strictly. Tolling exceptions are narrow and difficult to prove.
Related Claims
Even if the wrongful death claim is barred, other claims may still be available depending on the facts. For example, claims by passengers who survived the same incident.
Why Timing Matters
Wrongful death cases often require months of investigation before filing. If the case investigation begins close to the deadline, there is little your attorney can do. For more on the firm’s approach, see what an Alabama wrongful death lawyer does for your family.
Common Questions About the Alabama Wrongful Death Statute of Limitations
How long is the Alabama wrongful death statute of limitations?
In Alabama, the wrongful death statute of limitations is generally two years from the date of death. Ala. Code § 6-5-410 sets this deadline. There are shorter deadlines if your claim involved a government body.
When does the wrongful death clock start in Alabama?
The two-year deadline begins from the date of death. For example, a car crash hurt your loved one in January. But they passed from those injuries in June. So, the two-year wrongful death clock starts in June, not January.
Who can file a wrongful death lawsuit in Alabama?
In Alabama, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. This is set under Ala. Code § 6-5-410. Family members cannot file directly, even when they are the ones who would benefit from the recovery.
Typically, the deceased’s will names the personal representative. The probate court appoints them if there is no will. The personal representative acts on behalf of the heirs.
What if a city or county employee caused the death?
Claims against city or county government have specific procedures. Written notice of a claim against a city must be filed within 6 months of the death under Ala. Code § 11-47-23. Claims against a county require written notice within 12 months.
Can the wrongful death statute of limitations in Alabama be extended?
Yes, it may be extended in limited situations. Alabama allows the deadline to pause if the defendant fraudulently concealed their role in the death. Or, if the personal representative is legally incapacitated. These tolling rules are narrow and require specific facts to apply.
What damages can be recovered in an Alabama wrongful death case?
Alabama is a state where wrongful death damages are punitive-only. Under Ala. Code § 6-5-410, damages are designed to punish the wrongdoer, not compensate the family. Also, the size of damages depends on the severity of the defendant’s behavior.
Trust Alexander Shunnarah Trial Attorneys Today
Alabama wrongful death cases rely on many different factors of the law. You need an attorney that understands the two-year deadline and the personal representative requirement. Our trial team has handled wrongful death cases against negligent drivers, medical providers, employers, and corporate defendants.
We have law offices across Alabama. Find us in Auburn, Birmingham, Gadsden, Huntsville, Montgomery, Mobile, and Prattville. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-06-03.
Bio: https://shunnarah.com/attorney/alexander-shunnarah/
