Alabama’s Wrongful Death Statute of Limitations

In Alabama, the statute of limitations typically gives your family two years to file a wrongful death lawsuit. Although certain exceptions can change the deadline for a wrongful death claim, you must always file before the applicable limitations period expires.

When a loved one’s death occurs due to another party’s wrongful actions or omissions, your family may have grounds to file a wrongful death claim seeking compensation for this considerable loss. However, the statute of limitations restricts the time you have to do so. Your family can best protect its legal rights by speaking with an experienced wrongful death attorney as soon as possible after a loved one passes.

Are There Exceptions to the Two-Year Statute of Limitations Time Period?

Alabama’s wrongful death statute of limitations usually requires a personal representative to file a lawsuit within two years. However, some exceptions can change the deadline for filing a wrongful death lawsuit.

The discovery rule is one of the most common exceptions to the standard two-year deadline. This rule states that the time limit for a claim only starts once a party discovers or reasonably should have discovered the harm they have suffered and its cause.

Another exception that could extend the filing deadline is when the defendant leaves Alabama. The time they’re gone from the state won’t count towards the two-year time limit.

Different deadlines also apply to wrongful death claims against a county or city government in Alabama. When a local government official or employee negligently causes someone’s death, Alabama law requires the personal representative to file a written notice of the wrongful death claim with the appropriate agency within six months. For claims against a county government, they have a year to file written notice of the claim. Failing to file notice in time may prevent the decedent’s personal representative and family from pursuing compensation in a wrongful death lawsuit.

When Does the Statute of Limitations Time Period Start?

In most cases, the statute of limitations on an Alabama wrongful death case begins on the date of the decedent’s death. As a result, families may have extra time after a loved one’s fatal accident if they survive for several days or weeks but ultimately succumb to their injuries.

However, the discovery rule can pause or “toll” the start of the limitations period when the decedent’s family and personal representative do not immediately know the cause of death. For example, a family may not discover that their loved one’s death occurred due to negligent medical care until several weeks or months after the decedent’s passing.

How Long Does the Process for Filing a Wrongful Death Lawsuit Take?

The process of preparing and filing a wrongful death lawsuit can take several weeks or months. Various factors can affect how long it may take a decedent’s personal representative and family to prepare a case to file in court, including:

• The circumstances and events leading to the decedent’s passing
• The complexity of the evidence in the wrongful death claim
• The need for expert reports and testimony, such as accident reconstruction, engineering, or medical expert investigation
• The number of potentially liable parties
• The duration of the insurance company’s investigation and claims processing
• The duration of the parties’ pre-suit settlement negotiations

Preparing an Alabama wrongful death claim to file in court can take time. For this reason, families should speak with an experienced wrongful death attorney as soon as possible after a loved one’s passing. This will give the attorney enough time to investigate the family’s claim and prepare a compelling legal case. It can also help ensure the family’s claims are filed before the applicable deadlines expire.

What Happens If I Miss the Filing Deadline?

Filing a wrongful death lawsuit after the limitations period has passed can jeopardize a family’s right to seek compensation from those responsible for their loved one’s death. Courts strictly enforce statutes of limitations. When a party files a lawsuit after the deadlines have expired, the opposing party can file a motion to dismiss the case as untimely filed. If the court grants the motion, the party filing suit will lose the opportunity to pursue their lawsuit. This will also eliminate most of the leverage against an insurance company or at-fault party, as the threat of a lawsuit can motivate them to settle. Families can best protect their legal options by ensuring their wrongful death claims are filed before the deadline.

How Can an Attorney Help Me File My Wrongful Death Claim on Time?

Working with an experienced Alabama wrongful death lawyer can help your family file claims within the period designated by the statute of limitations. Your family’s attorney can handle the details of investigating the circumstances of the accident that caused your loved one’s death and organizing a compelling legal case as you and your family focus on grieving and healing. Let a wrongful death attorney help your family pursue the justice you deserve by:

• Thoroughly investigating your loved one’s death to secure all relevant evidence, including accident scene photos, incident reports, surveillance footage, witness statements, repair and maintenance records, staffing records, or medical reports
• Identifying liable parties and evaluating options for obtaining compensation, such as available insurance coverage
• Filing notices of claims with liable parties and handling communications and negotiations to take stress off your family
• Organizing evidence and working with expert witnesses to build the strongest possible case if you need to stand up for your family’s rights and interests by filing a wrongful death lawsuit

Contact an Alabama Wrongful Death Lawyer

After your family has lost a loved one due to another party’s wrongful acts, you have limited time to file a claim to seek compensation and justice. Contact Gartlan Injury Law today for a free, no-obligation consultation with one of our compassionate Alabama wrongful death attorneys. We’ll listen to your story, explain your rights and options for pursuing a claim, and outline the process of holding those at fault for your loved one’s passing accountable for their negligent or reckless actions.

Visit Our Alabama Wrongful Death Law Offices

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.