In the very unfortunate situation where a person is killed by the wrongful act of another person or a corporation in Alabama, the heirs may make claims under the Alabama Wrongful Death Act. Claims for wrongful death can be based on negligence or statutes such as the Alabama Extended Manufacturers Liability Doctrine (products liability) and the Alabama Medical Liability Act (medical malpractice). A complaint for wrongful death must be filed within two years from the date of death.
The Wrongful Death Act (§ 6-5-410, Ala. Code) specifies that the personal representative has the authority to commence an action on behalf of the heirs. The personal representative (sometimes referred to as the Administrator of the estate) is typically designated in a Last Will and Testament. If there is not a will, then Alabama Code § 43-2-42 provides that the deceased person’s spouse has the first priority to be appointed as personal representative. The heirs will be next in line for priority to serve as personal representative. The spouse or the heirs waive their priority to serve as personal representative if they do not file a petition within forty days of the decedent’s death. In counties with over 400,000 residents, the county administrator can be appointed if the spouse and heirs decline appointment or are unable to serve. Otherwise, any person may petition to be the personal representative. All the heirs of the decedent must receive notice of the petition for appointment of a personal representative and will have the right to object to a petition if they so choose.
In the case of a death of a minor child, Alabama Code § 6-5-390 provides that the parents of the child shall have an equal right to file a wrongful death action so long as they are lawfully living together as husband and wife. In the event the parents are not married or divorced, the person with legal custody of the minor child at the time of death shall have the right to commence a wrongful death action. If the father and mother are both deceased or if they do not file an action within six months from the death of the minor, then any properly appointed personal representative of the minor may file the claim. Continue reading