Under Alabama Code § 6-5-410, a wrongful death claim is a civil action brought when a person’s death was caused by a wrongful act, omission, or negligence. Alabama treats these cases differently from most states: the claim exists to punish the conduct that caused the death, not to compensate the family for grief or lost income. Damages are punitive, set by a jury, and then distributed to the heirs under the statute of distributions.

The lawsuit must be filed within two years of the date of death — not the date of the accident or the date of the negligent act. That deadline is in § 6-5-410(d). Missing it generally bars the claim forever. Evidence also fades quickly. Families in Cullman County should call Ferguson & Ferguson as soon as they can, even while funeral arrangements are still underway. Phones are answered 24/7.

Only the personal representative of the deceased person’s estate may file. That is usually the executor named in a will, or an administrator appointed by the Cullman County Probate Court if there is no will. Spouses, children, and parents cannot file in their own names. If probate has not been opened, that is the first procedural step. We help families start that process so the claim is not delayed.

Alabama is unique. Wrongful death damages are punitive only. There is no statutory cap on those damages in a wrongful death case, and the jury decides the amount based on the wrongdoer’s conduct. The recovery is not used to pay the deceased person’s debts; it is distributed to the heirs. A separate “survival” action may recover medical bills and other losses the person suffered before death. We evaluate both claims together.

Alabama still follows pure contributory negligence. If the defense proves that the deceased person was even slightly at fault, the entire wrongful death claim can be barred. Insurers know this and will look for any argument — speed, seat belts, a glance at a phone — to shift blame. That is why the investigation cannot wait, and why families should not give recorded statements to an insurance adjuster before talking to counsel.

No. Ferguson & Ferguson handles Cullman wrongful death cases on a contingency fee. There is no fee unless we recover money for the estate. The first consultation is free. Call the Huntsville office at (256) 534-3435 or the Decatur office at (256) 350-7200.

Fatal crashes on I-65, Highway 278, Highway 31, and Highway 69; trucking and commercial-vehicle wrecks; motorcycle and pedestrian deaths; industrial and construction accidents; medical negligence; nursing-home neglect; defective products; and premises deaths. Randy W. Ferguson takes wrongful death and catastrophic injury cases in Cullman County from the firm’s Decatur and Huntsville offices.

No. A criminal prosecution and a civil wrongful death claim are separate. The civil case can proceed even if there is no arrest, no conviction, or a plea to a lesser charge. Waiting for the criminal case can burn the two-year civil deadline and let physical evidence disappear. We coordinate with law enforcement when it helps, but we do not wait on it.

The wrongful death claim, filed by the personal representative, seeks punitive damages for the death itself. A survival action seeks the losses the person suffered before death — medical care, pain, and similar harm. They are different claims with different purposes. Families often need both reviewed so nothing is left on the table.

Yes. Ferguson & Ferguson represents families throughout Cullman County and nearby North Alabama, including Hanceville, Good Hope, Vinemont, Hartselle, Falkville, Holly Pond, Decatur, Huntsville, Athens, Madison, and Moulton. Meet in Decatur, Huntsville, or by phone. Attorneys are available 24/7.