If you have lost a family member due to the negligent actions of another person, you deserve justice for your suffering. Contact the Decatur wrongful death attorneys at Mama Justice to get started on your case today.

No one wants to think about someone they love dying prematurely, and they certainly do not want to think of that death coming at the hands of someone else. Unfortunately, every year, several thousand people die due to another’s negligence and avoidable injuries.

Wrongful death cases are some of the most challenging personal injury cases, so if you find yourself in this situation, you will need the services of a reputable Decatur wrongful death lawyer.

If you lost a loved one because of someone else’s negligence in Decatur, Alabama, the personal representative of the estate generally has two years from the date of death to file a wrongful death lawsuit under Ala. Code § 6-5-410. Alabama damages are generally punitive. Call Mama Justice 24/7 for a free consultation.

Wrongful death suits are about more than compensation; they are about justice for the deceased and their surviving family members. In Alabama, wrongful death damages are punitive, not compensatory. This means that any damages you are awarded are intended to punish the defendant and discourage future misconduct. You can read the statute yourself at Ala. Code § 6-5-410.

At Mama Justice – MW Law Firm, we know that nothing is more heartbreaking than losing someone you love due to another person’s carelessness. You probably have a lot of questions regarding the wrongful death claim process and the steps you should take.

As a law firm whose founding attorney is a mother who lost her child, we understand how painful death is and are here to offer empathy and support and walk you through each phase of an Alabama wrongful death lawsuit. Schedule a free legal consultation with our team to see how we can help you throughout the legal process of seeking justice.

Written by the Mama Justice legal team. Legally reviewed by Missy Wigginton, Founding Attorney, also known as Mama Justice.

Last reviewed: September 30, 2026

What Is a Wrongful Death Claim in Decatur, Alabama?

Wrongful death is a form of personal injury. The primary difference between a personal injury and a wrongful death is that the victim died as a result of their injuries. Some wrongful death lawsuits are initiated by a fatal car accident. Others are due to medical malpractice. There are several different kinds of wrongful death lawsuits.

If you lost a family member in any type of negligence-based accident, reach out to the Decatur wrongful death lawyers at Mama Justice. We will review the details of your potential claim in a free consultation and make sure you understand your right and options under Alabama law.

Do I Have Grounds to File a Wrongful Death Suit in Decatur?

You are eligible to file a wrongful death case if the person or entity responsible for the death was found to be negligent. A wrongful death could be caused by an intoxicated driver fatally striking someone with their car, a surgeon’s negligence could result in the death of a patient on the operating table, or unlawful conduct, like assault and battery, could lead to fatal injuries. An experienced Decatur wrongful death attorney will be well-versed in the conditions necessary for an Alabama wrongful death case.

How Long Do I Have to File a Wrongful Death Lawsuit in Decatur, Alabama?

All states set certain time limits on how long plaintiffs have to file a legal action with the proper court. This deadline is known as a statute of limitations. In Alabama, a wrongful death lawsuit generally must be filed within two years of the date of the death (Ala. Code § 6-5-410). Deadlines can vary by claim type, so confirm yours with an attorney as soon as possible. If you do not file your wrongful death lawsuit before the deadline expires, you will lose your right to file as well as your right to collect any financial compensation.

How Do I Prove a Wrongful Death Claim in Alabama?

To recover compensation for wrongful death, your Decatur wrongful death lawyer will need to prove that four specific elements were present. In civil cases such as this, the burden of proof is on the plaintiff, so it will be up to your Alabama wrongful death lawyer to establish the following:

  • Duty of Care: First, you will need to show that the deceased was owed a duty of care, either implied or explicit, by the defendant.
  • Breach Of Duty: Then, you need to prove that the defendant breached the duty they owed the deceased through either recklessness, negligence, or dereliction. For instance, if your spouse died due to a doctor’s misdiagnosis, you would need to demonstrate that the doctor had a responsibility to diagnose their patient correctly and, by not doing so, they did not meet the medical standard of care. If the deceased was killed in a car accident, you need to show that the other driver was at fault.
  • Causation: The third element is causation. For this, your lawyer will have to show that the defendant’s breach was the proximate cause of your loved one’s death. So, for instance, if a physician failed to diagnose your spouse with cancer, and then your spouse is killed in a car crash six months later, you would not have a valid claim because the doctor’s misdiagnosis played no role in the death.
  • Damages: In most states, the fourth element is proving that economic damages resulted from the accident. In Alabama, however, only punitive damages are awarded in these situations. The state’s wrongful death statute does not allow a defendant to be sued for compensatory damages. This includes medical expenses, lost wages, burial costs, and other financial burdens.

A Decatur wrongful death lawyer from Mama Justice can meet with you for a free consultation at your earliest convenience to discuss your case and the legal options available to help you move forward.

What If My Loved One Was Partly at Fault?

Alabama follows a strict rule called pure contributory negligence. In many injury cases, that means any fault on the part of the person who was hurt can bar recovery, even if the other side was mostly to blame.

Whether and how that rule applies to a wrongful death claim depends on the facts. Insurance companies know this rule well, and they may try to use it against your family by pointing at what your loved one did or did not do.

Please do not assume you have no case because of something you heard, or because an adjuster suggested your loved one was at fault. Do not give a recorded statement before you talk to a lawyer. Call Mama Justice and let us look at the police report, the scene, and the evidence. We will tell you honestly where you stand.

Who Can File a Wrongful Death Lawsuit in Alabama?

Another legal aspect in which Alabama varies from other states has to do with who can bring a wrongful death lawsuit. In most other states, any member of the deceased’s immediate family is eligible to file on their behalf. Alabama does things a little differently.

The only person able to file a wrongful death lawsuit is the personal representative of the deceased person’s estate. This rule comes from Ala. Code § 6-5-410. Once a probate estate is opened, and a family member is appointed as estate representative, the claim can be pursued.

What Damages Can My Family Recover in an Alabama Wrongful Death Case?

Alabama wrongful death damages are generally punitive. That means they are meant to punish the person or business that caused the death and to discourage that kind of conduct in the future.

This is one of the biggest ways Alabama is different from Mississippi and Tennessee. In many states, a family can ask for money for things like medical bills, lost income, and the pain and suffering of the person who died. Alabama’s wrongful death statute works differently, so you should not assume those categories apply here.

So what does a jury look at? Every case is different. Generally, the focus is on how serious and careless the wrongdoer’s conduct was and what it will take to send a message. No lawyer can promise what a jury will decide, and past results do not guarantee future outcomes.

Here is what we can promise. We will explain how the law applies to your family in plain English, we will not pressure you, and we will fight for accountability. If you have questions about what your family can and cannot pursue, ask us. Our consultation is free.

Who Receives the Money From an Alabama Wrongful Death Case?

The personal representative brings the case, but the personal representative does not keep the money. Under Ala. Code § 6-5-410, damages from a wrongful death case generally are not used to pay the deceased person’s debts. They are distributed under Alabama’s statute of distributions.

In plain terms, that generally follows the same order Alabama uses when someone dies without a will. For example, Ala. Code § 43-8-42 explains how a share can go to the children of the person who died, or to the parents if there are no children, when property does not pass to a surviving spouse.

Who receives a share depends on who survives your loved one, including a spouse, children, or parents. Families sometimes disagree about this at the worst possible time. We can walk you through it calmly and help keep the focus on your loved one. Please confirm the details of your situation with an attorney.

Who Can Be Held Liable for a Wrongful Death in Decatur?

As for who you are able to sue, there are lots of potential parties. This will mainly hinge on what type of accident caused the death. Some defendants commonly named in Alabama wrongful death suits include:

  • Hospitals: If your family member died while they were being treated in a hospital, you might have a valid wrongful death claim. Now, in most instances, the hospital will have done everything in its power to save your loved one. Negligence on the part of the hospital is extremely uncommon. If this is not the case though, your experienced attorney can seek justice by filing a successful wrongful death claim against the hospital.
  • Healthcare Providers: Physicians, nurses, and other healthcare workers can be cited for misdiagnosing or failing to diagnose a patient. For instance, if a physician overlooks a clear diagnosis and the patient dies because they didn’t know they needed to seek treatment, the worker could be held liable for wrongful death.
  • Negligent Drivers: If the victim was killed in a car crash, the other driver could be held accountable for wrongful death. This is typical of fatal accidents involving drunk drivers, speeding drivers, and distracted drivers.
  • Trucking Companies: If your loved one died in a collision with a commercial truck and it can be proven that the truck operator, trucking company, or a third party was negligent, then one or some combination of the three might be held responsible for damages.
  • Pharmaceutical Manufacturers: New medications are constantly being pushed onto the market at an alarming rate, many of them without having the full extent of their potential side effects properly tested. With pharmaceutical companies in such a hurry to make money, it is hard to know what is safe and what isn’t. If a medication turns out to be dangerous on its own or when taken with another drug and the manufacturer fails to provide sufficient warning, it can be sued.
  • Product Designers and Manufacturers: Similar to pharmaceutical manufacturers, if any product turns out to be dangerous when used as intended, especially if it does not contain adequate warning labels, the designer or manufacturer could be sued for wrongful death.

Our Decatur wrongful death lawyers have seen all types of cases and can suggest the best course of action for your situation.

Which Kinds of Decatur Accidents Lead to Wrongful Death Claims?

Decatur sits in Morgan County, where families travel I-65, US-31, and AL-20 and AL-67 every day. Serious and fatal crashes on roads like these are one common source of wrongful death claims. Others come from workplace incidents, unsafe property, dangerous products, and medical mistakes at hospitals and clinics.

Here is where a Decatur family may start, depending on what happened:

Every case starts with the facts. If you are not sure who may be responsible, that is okay. That is our job to figure out.

What Types of Wrongful Death Cases Does Mama Justice Handle in Decatur?

Even though car crashes and medical malpractice cases are the most frequent causes of wrongful death, there are dozens of different kinds of wrongful death lawsuits in Alabama. Some of the most common ones include:

  • Motor Vehicle Accidents: Several thousand people are killed in motor vehicle collisions every single year. Two of the most common causes of fatal car accidents in Alabama are drunk driving and speeding. If a driver was conducting themselves negligently when the fatal accident occurred, they are most likely liable for wrongful death.
  • Commercial Truck Accidents: Due to their enormous weight and size, accidents involving commercial trucks are extremely perilous. Every year in Alabama, hundreds of fatalities are caused by commercial truck accidents. In most cases, it’s an occupant of the smaller passenger vehicle who is killed. If you lost your loved one in a commercial trucking crash, you could have a valid claim against the operator, their employer, or a third party, depending on how and why the accident took place. Federal hours of service rules limit how long a truck driver can be behind the wheel, and a driver who broke them may have played a role in the crash.
  • Bicycle And Motorcycle Accidents: Bicycle and motorcycle accidents are often deadly. This is mostly because there is nothing but a plastic helmet protecting the riders from the impact of a vehicle. If the driver is found liable for the crash, they may be liable for a tragic death as well.
  • Medical Malpractice: In the United States, medical mistakes are the third leading cause of unintentional deaths. Most people pay exorbitant amounts of money every year to ensure that they are healthy and that they receive the proper care when they are not. It is a doctor’s job to keep people safe and make them well. If a doctor or other medical professional prescribes a patient the incorrect medication or the correct medication in an incorrect dose, they could die. A patient could also die if a medical professional fails to diagnose them with a serious or terminal illness. In both of these scenarios, you likely have a legitimate claim against the hospital, the doctor or another member of staff, or both.
  • Product Liability: Sometimes, it seems like every product on the market today is dangerous. Sometimes it’s hard to know what is safe and what should be avoided. The majority of wrongful death cases arising from product liability claims are the result of design and manufacturing flaws. Most Alabama product liability cases involve:
    • Motor vehicles
    • Heavy machinery and equipment
    • Lawnmowers and power tools
    • Children’s games and toys
    • Dangerous pharmaceuticals

If your relative died due to a wrongful death incident, such as an act of negligence portrayed by a product designer or manufacturer, we urge you to contact a Decatur wrongful death attorney from the law offices of Mama Justice for a free case evaluation. Our Decatur wrongful death lawyer can guide you through the legal process and fight to hold the responsible party accountable on behalf of your family.

What Should My Family Do After Losing a Loved One Because of Someone Else?

First, take care of yourself and your family. Nothing else matters as much. When you are ready, these steps can protect your rights:

  1. Get any medical care you need. Grief and shock take a physical toll, and injured family members need treatment and records.
  2. Save the paperwork. Keep hospital records, the death certificate, photos, and anything the police or coroner gave you.
  3. Get the crash report if there was a crash. Alabama crash reports can be ordered through the state’s Alabama Law Enforcement Agency (ALEA) website. Ask us and we can help.
  4. Write down names. Note witnesses, other drivers, employers, and anyone who saw what happened.
  5. Do not talk to the other side’s insurance company alone. Do not sign anything or give a recorded statement before speaking with a lawyer.
  6. Talk about opening an estate. In Alabama, only the personal representative of the estate can bring the wrongful death case, so the probate step matters.
  7. Call Mama Justice. Call 888-805-6010 any time, day or night, for a free consultation.

Do I Have to Wait for a Criminal Case to Finish Before Filing?

No. A criminal case and a civil wrongful death case are two separate things. Under Ala. Code § 6-5-410, a civil wrongful death action does not require that the person who caused the death was prosecuted, convicted, or acquitted.

That matters because the civil deadline keeps running while a criminal case moves along. If someone has been charged, or you are waiting to see if charges will be filed, please still talk with a lawyer so your family’s civil deadline is protected.

Where Is a Decatur Wrongful Death Lawsuit Filed?

Alabama law generally requires a wrongful death action to be filed in a county where the person who died could have filed suit if they had lived (Ala. Code § 6-5-410(e)). For many Decatur cases, that may be Morgan County Circuit Court, but the right county depends on where the defendant is based and where the incident happened.

Our Decatur office is at 1206 Somerville Rd SE, Decatur, AL 35601. You can reach that office at 256-612-5445, or call our main line at 888-805-6010, which is answered 24/7. We will confirm the correct court for your case so you do not have to guess.

How Long Does a Decatur Wrongful Death Case Take?

There is no single answer, and we will not give you a made-up number. Some cases resolve through a settlement. Others go to trial. Several things affect the timeline:

  • How quickly the estate is opened and a personal representative is appointed
  • How complex the investigation is, such as a trucking company’s records or a hospital’s charts
  • Whether the defendant and insurers fight liability
  • How busy the court is

What we can tell you is that a strong start makes a difference. The sooner we begin preserving evidence, the better. Trucking companies, for example, are governed by federal hours of service rules from the FMCSA, and records that show whether a driver followed those rules can disappear if nobody asks for them in time.

Past results do not guarantee future outcomes. Every case is different. Mama Justice works on a contingency fee basis, so there is no fee unless we win.

Do I Need a Wrongful Death Lawyer in Decatur?

If you recently lost a family member to wrongful death, the furthest thing from your mind is a lawsuit. You are too busy making funeral arrangements and just doing what you can to hold your family together. It is, without a doubt, the worst thing you will ever go through.

This is just one of the reasons you should work with an experienced Alabama wrongful death lawyer. They can take care of the paperwork, filings, investigation, deadlines, and communications with the opposing counsel and the insurance company while you and your family are mourning. We have recovered millions in damages for our clients in many wrongful death cases and are prepared to do the same for you.

While the law in Alabama only allows for punitive damages to be awarded, you still have certain rights. The defendant should be penalized for what they did, and wrongful death damages will ensure that another family will not have to go through what you are going through. Even if it was accidental, their negligence led to the death of someone you love, and they need to be brought to account. Like most reputable personal injury firms, we operate on a contingency fee basis. This means that you pay nothing out of pocket unless your wrongful death case is successfully resolved, either through a settlement award or a favorable jury verdict.

Learn more about our Decatur personal injury lawyers or read our guide to Alabama wrongful death law.

Contact our Decatur wrongful death lawyers today at (888) 805-6010 and schedule your free consultation. We will examine the details of your potential case and advise you on the best way to proceed. The defendant is going to have strong legal representation throughout the legal process, and so should you.

Decatur Wrongful Death FAQ

How long do I have to file a wrongful death lawsuit in Decatur, Alabama?

In Alabama, a wrongful death action generally must be filed within two years of the date of the death (Ala. Code § 6-5-410). Missing the deadline can end your family’s right to bring the claim, so talk with a Decatur wrongful death attorney as soon as you can. Deadlines can vary by claim type, so confirm yours with an attorney.

Who can file a wrongful death lawsuit in Alabama?

In Alabama, only the personal representative of the deceased person’s estate can bring a wrongful death lawsuit. That is usually a family member appointed by the probate court. Your attorney can help you understand how to open an estate and who may be appointed.

What damages are available in an Alabama wrongful death case?

Alabama wrongful death damages are generally punitive, meaning they are meant to punish the wrongdoer and discourage similar conduct, rather than repay specific bills or losses. What a jury may award depends on the facts of the case, and no result can be promised. An attorney can explain how this applies to your family’s situation.

Who receives the money from an Alabama wrongful death case?

Damages from a wrongful death case generally are not used to pay the deceased person’s debts. They are distributed under Alabama’s statute of distributions, which generally follows Alabama’s intestate succession laws, such as Ala. Code § 43-8-42. Who receives a share depends on who survives the person, so confirm the details with an attorney.

What if my loved one was partly at fault?

Alabama follows pure contributory negligence, which means any fault on the part of the person who was harmed can bar recovery in many injury cases. Whether and how that rule applies to a wrongful death claim depends on the facts, so talk to an attorney before assuming anything. Do not assume your family has no case.

Do I need a lawyer for a wrongful death claim in Decatur?

You are not required to hire one, but wrongful death cases involve probate, strict deadlines, insurance companies, and complex proof. A Decatur wrongful death lawyer can handle those tasks while your family grieves. Mama Justice works on a contingency fee basis, so there is no fee unless we win.

Do I have to wait for a criminal case to end before filing a wrongful death lawsuit?

No. Under Ala. Code § 6-5-410, a civil wrongful death action does not require that the person who caused the death was prosecuted, convicted, or acquitted. A criminal case and a civil claim are separate, so talk to your attorney about timing to protect your civil deadline.

Where is a Decatur wrongful death lawsuit filed?

Alabama law generally requires a wrongful death action to be filed in a county where the deceased person could have filed suit had they lived (Ala. Code § 6-5-410(e)). For many Decatur cases, that may be Morgan County Circuit Court, but the right county depends on where the defendant is located and where the incident happened. Your attorney will confirm.

What should I do first after losing a loved one because of someone’s negligence?

Get any medical care you need, and save records such as the crash report, hospital records, photos, and names of witnesses. Do not give a recorded statement to an insurance company before you speak with a lawyer. Then call Mama Justice at 888-805-6010, available 24/7, for a free consultation.