Survival Actions in Alabama Wrongful Death Cases

Losing a family member due to someone’s intentional or careless acts is a devastating loss. In Alabama, this loss can warrant two similar but distinct legal actions: A wrongful death claim, which focuses on the family’s losses, and a survival action, which addresses what the deceased themselves suffered.

Who Can Bring a Survival Action in Alabama?

Alabama law says that only the deceased’s personal representative can file a survival action or wrongful death claim against those responsible for their passing. Typically, the personal representative is named in the deceased’s will – often a spouse, family member, or trusted friend. If someone did not name a personal representative before dying, the courts can appoint someone.

It’s crucial to understand that the deceased must have already filed a personal injury claim for their estate to bring a survival action. This is where the term “survival action” comes from, as it’s a claim that “survives” someone’s death so their estate can seek compensation. If someone dies without filing a personal injury claim first, their estate cannot pursue a survival action.

What Compensation Can Be Recovered in a Survival Action?

Survival actions focus on the deceased’s pain and other losses from the time of their injury or illness until they die. Depending on the case, compensation in a survival action may include money for:

• The Deceased’s Medical Bills. The cost of treating a fatal injury or illness can run into the tens or even hundreds of thousands of dollars. These bills then pass to the deceased’s estate, putting a significant financial burden on the heirs. By pursuing a survival action, the estate can seek compensation for these bills and ease this financial burden.
• The Deceased’s Lost Income. Similarly, a severe injury may keep someone from working for weeks or months before they pass away. A survival action allows the deceased’s estate to seek compensation for this lost income so they can pay any outstanding medical bills or other debts.
• The Deceased’s Pain and Suffering. Severe injuries can cause unbearable pain. Depending on the circumstances, the deceased may have been hurting for a long time before dying. Survival actions allow the deceased’s estate to pursue compensation for all the pain the victim had to endure.
• The Deceased’s Emotional Distress. A serious accident or injury can also cause intense anxiety and other forms of emotional distress, sharply decreasing the victim’s quality of life. By demanding compensation for the deceased’s emotional distress through a survival action, their estate can find justice for this immense suffering.

By contrast, the only money recoverable in an Alabama wrongful death claim is in the form of punitive rather than compensatory damages. Punitive damages are not related to any loss the deceased person or their family suffered. Instead, they are monetary awards designed to punish the defendant and deter others from engaging in similar behavior. This is a very different system from most other states, as they typically allow plaintiffs to seek compensation for losses that the deceased or their relatives suffered.

An Alabama wrongful death lawyer can tell you about the potential value of your case.

Who Does the Compensation Go to in an Alabama Survival Action?

The compensation in an Alabama survival action goes to the deceased’s estate to pay off any outstanding debts the estate owes. Any leftover funds are distributed according to the deceased’s wishes or Alabama’s probate laws. If you have questions about who might receive compensation from a survival action or wrongful death claim in your particular case, contact an Alabama wrongful death attorney.

Are There Situations Where Both a Wrongful Death Lawsuit and a Survival Action Could Be Filed?

There are many cases where someone’s estate may have cause for a wrongful death lawsuit and a survival action. As long as the deceased died due to someone else’s actions but lived long enough to file a personal injury claim, their estate can pursue both types of legal action.

For example, suppose someone was severely hurt by a drunk driver but lived for several months before succumbing to their injuries. During that time before their death, they met with a personal injury attorney and filed a lawsuit. However, the lawsuit did not conclude before they passed.

In this example, the estate would have cause for a survival action because the deceased filed but did not finish a lawsuit against the drunk driver. The estate would also have grounds for a wrongful death claim because the victim died due to the drunk driver’s negligence.

This is just one of many possible scenarios that would allow for a wrongful death claim and a survival action. An attorney can review your situation and explain your legal options if you have any questions.

Is There a Time Limit for Filing a Survival Action in Alabama?

The standard deadline to file a survival action in Alabama is two years from the date that the deceased died. Given this tight deadline, it’s vital to talk to a lawyer immediately so they have enough time to build a compelling case.

Contact an Alabama Wrongful Death Lawyer

Gartlan Injury Law is dedicated to protecting the rights of those who have lost family members because of the negligent, intentional, or wrongful actions of others. We can handle all the legal work of a survival action or wrongful death claim for you, giving you the time and space to grieve properly. Call us today or complete our contact form for a free consultation with an Alabama wrongful death lawyer about your case, and find out what we can do on your behalf.

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Aaron Gartlan

Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.