Wrongful Death
Losing a loved one without warning is incredibly difficult. When that loss is caused by another person’s negligence or wrongful conduct, it adds another layer of frustration and injustice. While no legal action can undo what has happened, a wrongful death claim can provide accountability and help protect your family’s financial future.
Taking legal action may not feel like a priority during a time of grief, but understanding your rights can help you make informed decisions when you are ready. If your loved one’s death resulted from someone else’s actions, you may have the ability to pursue a claim under Alabama law.
What Qualifies as a Wrongful Death?
A wrongful death occurs when an individual dies as a result of another party’s negligent, reckless, or intentional behavior. If the deceased would have had grounds to file a personal injury claim had they survived, a wrongful death action may be brought on their behalf.
These claims serve two primary functions: holding the at-fault party accountable and imposing financial consequences intended to deter similar conduct in the future.
Wrongful death cases commonly arise from situations such as:
- Motor vehicle accidents involving impaired, distracted, or reckless drivers
- Commercial trucking collisions involving negligent operators or companies
- Medical negligence, including misdiagnosis or surgical errors
- Dangerous or defective products
- Unsafe property conditions or inadequate security
Who Is Allowed to File?
Under Alabama law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This individual is responsible for managing the legal affairs of the estate.
If the deceased had a will, the representative is typically named in that document. If no will exists, the probate court appoints an administrator, often giving priority to a surviving spouse or next of kin.
Damages in Alabama Wrongful Death Cases
Alabama law treats wrongful death damages differently than many other states. Recovery is limited to punitive damages, which are intended to punish the wrongdoer rather than compensate the family for specific financial losses.
This means the court focuses on the severity of the defendant’s conduct, not the economic impact on the surviving family. In cases involving particularly egregious behavior, these damages can be substantial.
Time Limits to File a Claim
Wrongful death claims in Alabama are subject to a strict statute of limitations. In most cases, a lawsuit must be filed within two years from the date of death. Failing to meet this deadline will typically bar the claim entirely. Acting within this timeframe is critical to preserving your legal rights.
What Must Be Proven
To succeed in a wrongful death case, several legal elements must be established with evidence:
- Duty of Care: The defendant owed a legal obligation to the deceased
- Breach of Duty: That obligation was violated through negligent or wrongful conduct
- Causation: The breach directly resulted in the death
- Resulting Harm: The death gives rise to a legally actionable claim
These cases often involve complex factual and legal issues, and defendants frequently dispute liability. Thorough investigation and strong evidentiary support are essential.
How Legal Counsel Can Assist
Pursuing a wrongful death claim while grieving can be overwhelming. An experienced attorney can manage the legal process, allowing you to focus on your family. Having the right legal support can make a meaningful difference in both the process and the outcome.
Alabama family law continues to shift in ways that directly affect how custody, support, and related issues are handled. The most notable recent development is the passage of the Best Interest of the Child Protection Act (House Bill 229), which took effect on January 1, 2026.
This law introduces a rebuttable presumption in favor of joint custody in many cases. Below is an overview of that change and other key areas of Alabama family law that may impact you.
Joint Custody Presumption (Effective January 1, 2026)
The most significant change is the new starting point courts must use in custody cases.
Under the 2026 law, courts now begin with the presumption that joint custody is in the child’s best interest. This includes both shared decision-making and, in many cases, equal or near-equal parenting time.
Previously, joint custody was only presumed appropriate if both parents agreed. In contested cases, there was no such presumption.
Now courts start from the position that children benefit from substantial involvement from both parents. A parent seeking sole custody must present evidence showing that joint custody would not be in the child’s best interest
It is important to note that this change does not automatically apply to existing custody orders entered before January 1, 2026, and it does not, by itself, qualify as a material change in circumstances for modification purposes.
Child Support Updates
Alabama’s child support guidelines, found in Rule 32 of the Alabama Rules of Judicial Administration, were last substantially updated in 2022, with additional adjustments for shared custody arrangements in 2023.
A 2025 law (SB 18, effective October 1, 2025) addressing retroactive child support in paternity cases. In certain situations, courts may award support covering up to nine months prior to the child’s birth. Updated calculations in joint custody cases that more accurately reflect shared parenting time and expenses.
If there has been a meaningful change in income, parenting time, or the child’s needs, a modification may be appropriate. Courts often consider a deviation of 10% or more from the current guideline amount as a basis for review.
Alimony (Spousal Support)
Alabama law continues to favor rehabilitative alimony in most cases. Rehabilitative alimony is generally limited to five years unless exceptional circumstances justify a longer period. Periodic alimony may still be awarded, particularly in longer marriages
Alimony typically terminates upon remarriage or cohabitation of the receiving spouse. While there have not been major statutory changes in this area recently, courts continue to apply equitable principles when dividing marital property, including retirement accounts.
Grandparent Visitation
Alabama law places significant limits on when grandparents can seek court-ordered visitation. To succeed, a grandparent must prove that denial of visitation would harm the child’s emotional, mental, or physical well-being and that a meaningful, pre-existing relationship with the child exists
Courts give considerable weight to a fit parent’s decision regarding visitation. In most cases, petitions cannot be filed more than once every two years unless circumstances have significantly changed.
Other Important Considerations
Divorce: Alabama remains a no-fault divorce state. A 30-day waiting period generally applies before a divorce can be finalized.
Relocation: The Alabama Parent-Child Relationship Protection Act typically requires at least 45 days’ notice before a move that would significantly change the child’s residence (generally more than 60 miles).
Custody Modifications: Modifying an existing custody order usually requires proof of a material change in circumstances and that the proposed change is in the child’s best interest.
Dependency Cases: Juvenile and DHR cases remain focused on protecting children while working toward family reunification where appropriate.
What This Means for You
The new joint custody presumption will likely influence how custody cases are negotiated and litigated moving forward. Whether you are going through a divorce, addressing custody, or considering a modification, understanding how these changes apply to your situation is critical.
If you are dealing with a divorce, custody dispute, child support issue, or considering a modification, these recent changes in Alabama law may directly affect your case.
Attorney Alex Sallas at Barfoot & Schoettker handles family law matters across Alabama and can help you understand your options and next steps. Contact Barfoot & Schoettker to discuss your situation and get guidance tailored to your case.
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