Huntsville Wrongful Death

Injury Attorney Randy Ferguson


A wrongful death case may arise in a number of different contexts, including car accidents, construction site accidents, swimming pool accidents, pedestrian accidents, motorcycle accidents and bicycle accidents. Under Section 6-5-410 of the Alabama Code, only the personal representative of the decedent’s estate may file a wrongful death case. If you have lost a loved one in an accident, and you have been appointed the personal representative, or need help with the probate process, we can help. Out Huntsville wrongful death attorneys offer no obligation, free consultations in all wrongful death cases. Call 256-534-3435. Our Huntsville wrongful death lawyers are here to help you through this difficult time.

Wrongful Death in Alabama

A wrongful death can be the result of any of the following in Alabama:

  • Auto accidents;
  • Semi/Tractor Trailor crashes;
  • Motorcycle accidents;
  • Workmens compensation accidents;
  • Defective product accidents;
  • Bicycle/Cycling accident;
  • Pedestrian accident;
  • Medical malpractice;
  • Nursing home abuse;
  • Criminal acts;
  • Exposure to toxic chemicals
  • Failure to diagnose an illness;
  • Public transportation accidents;
  • Drunk driving crashes;
  • Food contamination;
  • Slip and falls;
  • Premises liability claims;
  • Construction site accidents;
  • Accident on unsafe premises;
  • Explosions or fires
  • Aviation accident;
  • Defective product;
  • Defective medical device;
  • Bad prescription drug;
  • Animal attack;
  • Failure to properly respond to an emergency.

Alabama Wrongful Death Statute

Alabama Code Section § 6-5-410: Wrongful Act, Omission or Negligence Causing Death

(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama, and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or their servants or agents, whereby the death of his testator or intestate was caused, provided the testator or intestate could have commenced an action for such wrongful act, omission, or negligence if it had not caused death.

(b) Such action shall not abate by the death of the defendant, but may be revived against his personal representative and may be maintained though there has not been prosecution, conviction or acquittal of the defendant for the wrongful act, omission, or negligence.

(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.

(d) Such action must be commenced within two years from and after the death of the testator or intestate. It is important to speak to an experienced law firm when it comes to Wrongful Death cases.

Why Hire Ferguson & Ferguson?

At the law firm of Ferguson & Ferguson, our firm operates on a contingency fee agreement, which means you only pay us if we recover compensation for the death of your loved one. We front all expenses, and if we win, our payment will come from the recovery—not out of your pocket. We also offer a no obligation, free consultation in all Huntsville, Alabama wrongful death cases. Call 256-534-3435.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601