Alabama Wrongful Death Attorney — Justice for Families Who Have Lost Everything 

No legal case can restore what your family has lost. We know that. What the law can do — and what we fight to do — is hold the responsible party accountable and deliver a measure of justice that honors your loved one's life. If someone you love was killed due to another person's negligence, carelessness, or wrongdoing, the experienced wrongful death attorneys at HAR Legal are here to guide your family through the legal process with compassion and determination. 

What Is a Wrongful Death Claim in Alabama? 

A wrongful death claim is a civil lawsuit filed when a person's death is caused by the negligent, reckless, or intentional conduct of another person, company, or entity. It is separate from any criminal proceedings — and the outcome of a criminal case does not determine the outcome of a civil wrongful death claim. A wrongful death lawsuit can succeed even when criminal charges were not filed or resulted in an acquittal. 

Alabama's wrongful death statute is notably different from most other states, and families pursuing a claim here need an attorney who understands those differences. 

Alabama's Unique Wrongful Death Law — What Families Must Understand 

Most states allow wrongful death families to recover "compensatory" damages — compensation for medical bills, funeral costs, loss of financial support, and grief. Alabama is different in a significant way: 

Alabama allows only punitive damages:

Under Alabama Code Section 6-5-410, wrongful death claims are intended to punish the wrongdoer rather than compensate the family. This means the damages awarded are based on how egregious the defendant's conduct was, not on a calculation of financial loss. This can actually result in very substantial awards in cases involving serious misconduct.

The personal representative must file:

In Alabama, only the personal representative of the deceased's estate has legal standing to file a wrongful death lawsuit — not the spouse, parents, or children directly. The representative is typically named in the deceased's will or appointed by a probate court. We help families navigate this process.

The two-year statute of limitations:

A wrongful death claim must be filed within two years of the date of death. Missing this deadline permanently forfeits the family's right to legal recovery. Do not wait.

Distribution of the recovery:

Any wrongful death recovery in Alabama is distributed to the heirs of the deceased according to Alabama's intestate succession laws — not necessarily according to who filed or who suffered most. We explain exactly how this applies to your family's situation. 

Wrongful death cases are among the most complex and emotionally demanding in all of personal injury law. Defendants and their insurance companies move quickly after a death to protect themselves, gather evidence favorable to their position, and minimize their exposure. Meanwhile, grieving families are managing funeral arrangements, estate matters, and overwhelming loss. 

HAR Legal handles the legal burden so your family can focus on each other. We conduct independent investigations, retain expert witnesses, manage all communications with defendants and insurers, and pursue the full measure of accountability that your loved one deserves

Why These Cases Are Difficult — and Why Representation Matters 

Frequently Asked Questions

  • Who can file a wrongful death lawsuit in Alabama?

    Only the personal representative of the deceased's estate — the person named as executor in their will, or appointed by a probate court if there is no will. However, the recovery ultimately goes to the heirs. We help families establish the proper representative and guide them through the entire process. 

  • How long does our family have to file a wrongful death lawsuit in Alabama?

    Two years from the date of your loved one's death. This deadline is strict. If it is missed, the family permanently loses the right to file. We strongly urge families to contact an attorney as early as possible so that investigation can begin while evidence is still available. 

  • What damages can be recovered in an Alabama wrongful death case?

    Alabama's wrongful death statute allows punitive damages designed to punish the wrongdoer. The amount is influenced by the severity of the defendant's conduct. While Alabama does not provide separate recovery for grief, loss of companionship, or funeral expenses in a wrongful death action, the punitive award can be substantial in serious cases. 

  • What if our loved one was partially at fault for the accident?

    Alabama's contributory negligence rule applies in wrongful death cases. If the deceased was found to be at fault, it can affect the claim. This is exactly why strong legal representation is critical — we build the evidence that establishes what actually happened and where responsibility truly lies. 

  • Can we pursue a wrongful death case if someone was criminally charged?

    Yes. Civil and criminal proceedings are independent. You can pursue a wrongful death lawsuit regardless of whether criminal charges were filed, are pending, or resulted in an acquittal. The civil burden of proof is lower, and many families find civil accountability even when criminal prosecution was not pursued. 

Why HAR Legal for Your Wrongful Death Case 

HAR Legal has represented families across the River Region in some of the most difficult cases imaginable. We approach every wrongful death case with the gravity it deserves — meticulous investigation, expert resources, and unflinching advocacy. We understand Alabama's unique wrongful death statute inside and out, and we have the experience to pursue the maximum accountability allowed by law. We charge nothing unless we win your case. 

No charge unless we win.

Every case handled personally.

Trusted, guided representation.