Montgomery Charges a Year Later: What a Criminal Case Does — and Doesn't — Do for the Victim's Family

By Benjamin Schoettker | J.D. | Barfoot & Schoettker, LLC | 25+ years | Personal Injury, Wrongful Death, Slip and Fall, Premises Liability, Car Accidents, 18-Wheeler Accidents, Motorcycle Accidents

Published: 2026-08-04 | Last updated: 2026-08-04

TL;DR: A new arrest in a June 2024 Montgomery homicide is a reminder that Alabama's criminal and civil systems run on different clocks. The wrongful-death filing deadline generally runs two years from the date of death, not from the arrest or conviction, and waiting for the criminal case to finish can quietly end the family's civil case.

Two people were charged this month in the June 2024 beating death of a Montgomery man — more than a year after he was killed. A gap that long between a homicide and an arrest is not unusual in Alabama. Detectives wait on lab results, witnesses come forward late, and grand juries move on their own schedule. For the family, the arrest can feel like the case is finally starting. On the civil side, it is closer to the end. The clock that matters for a wrongful-death lawsuit started on the day of the death, not on the day the handcuffs came out.

It is important to understand that a criminal case and a civil wrongful-death case are two entirely different proceedings. The criminal case belongs to the State of Alabama. Prosecutors are asking a jury to punish the defendant beyond a reasonable doubt — the highest standard in our law. The family are witnesses, not parties, and any sentence handed down goes to the Department of Corrections, not to them. A civil wrongful-death case, by contrast, is brought by the personal representative of the estate and proved by a preponderance of the evidence. Restitution in a criminal case rarely, if ever, comes close to covering what the family has actually lost.

Alabama's wrongful-death statute is unusual and it catches families off guard. Damages are punitive only — meant to punish the wrongdoer, not to compensate for medical bills, lost wages, or grief. And the deadline is short. In most cases the suit has to be filed within two (2) years of the date of death, regardless of what is happening on the criminal side. A pending investigation does not pause that clock. A delayed indictment does not pause it. Waiting for a conviction before calling a civil lawyer is one of the most common ways Alabama families lose the right to hold someone accountable in court.

Ultimately, the two systems answer different questions. The criminal court asks whether the State can prove guilt and impose punishment. The civil court asks whether the family can hold the wrongdoer — and sometimes others whose conduct contributed — financially answerable for the death. While a family should absolutely cooperate with Montgomery detectives and the District Attorney's office, it is important to note that those prosecutors do not represent the family's civil interests and are not tracking the wrongful-death deadline on their behalf. That responsibility belongs to the family and their own lawyer.

“Families keep telling me they were waiting for the criminal case to finish before they called a lawyer. In Alabama, that wait can cost you the civil case entirely. The two-year wrongful-death clock runs from the death, and it does not care what the grand jury is doing.” — Benjamin Schoettker, Barfoot & Schoettker, LLC

Frequently Asked Questions

Does a criminal conviction help a wrongful-death lawsuit in Alabama?

It can help, but it is not required and families should not wait for it. A conviction may support the civil claim as evidence of wrongdoing, but the two-year deadline to file wrongful death generally runs from the date of death regardless of the criminal timeline.

Who can file a wrongful-death case in Alabama?

Only the personal representative of the deceased person's estate can bring the claim. That usually means a family member has to be appointed by the probate court first, which is one more reason not to delay — the appointment itself takes time.

Talk to a Montgomery wrongful-death lawyer before the clock runs

If you lost a loved one in Montgomery or anywhere in Alabama and the criminal investigation is still moving, do not assume the civil deadline is waiting with it. Barfoot & Schoettker, LLC handles wrongful-death cases across the River Region and offers a free, confidential consultation at (334) 834-3444. We can walk you through where the two-year clock stands in your case and what steps need to happen now.

Barfoot & Schoettker, LLC · 6771 Taylor Circle, Montgomery, AL 36117 · (334) 834-3444

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