Wrongful Death Statute of Limitations in Alabama
Last verified 2026-07 · Source: Ala. Code § 6-5-410 ✓ verified · 3 sources
The deadline
2 years
from Date of death, under Ala. Code § 6-5-410.
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Alabama law sets a hard deadline of 2 years to file a wrongful death lawsuit. The controlling statute is Ala. Code § 6-5-410, and the clock generally starts on Date of death. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Alabama Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | Ala. Code § 6-5-410 |
| Car Accident | 2 yrs | Ala. Code § 6-2-38(l) |
| Credit Card Debt | 3 yrs | Ala. Code § 6-2-37(1) |
| Medical Malpractice | 2 yrs | Ala. Code § 6-5-482 |
| Personal Injury | 2 yrs | Ala. Code § 6-2-38(l) |
| Dog Bite | 2 yrs | Ala. Code § 3-6-1 (dog bite liability); SOL: Ala. Code § 6-2-38(l) |
| Slip and Fall | 2 yrs | Ala. Code § 6-2-38(l) |
| Defamation | 2 yrs | Ala. Code § 6-2-38(k) |
| Breach of Contract | 6 yrs | Ala. Code § 6-2-34(4) |
| Medical Debt | 6 yrs | Ala. Code § 6-2-34 |
When the Clock Starts
In Alabama, the limitations period for wrongful death claims generally begins on Date of death. Alabama does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: State has sovereign immunity (Ala. Const. Art. I, § 14). Counties: itemized claim within 12 months of injury (§ 11-12-8). Cities/towns: sworn written notice within 6 months of injury (§ 11-47-23). Damages against local government entities capped at $100,000 per claim, $250,000 per occurrence.
- Damage caps: No statutory cap on wrongful death damages. However, Alabama uniquely awards only punitive damages (not compensatory) in wrongful death actions. Government entity claims capped at $100K/$250K.
Only personal representative of the estate may file. Alabama is unique: only punitive damages are recoverable in wrongful death (not compensatory). Survival action is separate and allows compensatory damages (medical bills, pain/suffering). If decedent was a minor under 19, parents have 6 months from death to file; after that, the personal representative proceeds. Minor tolling under § 6-2-8 provides 3 years after reaching age 19 or removal of disability, but applicability to wrongful death is debated. Distribution follows intestate succession laws, bypassing estate creditors.
Source: Ala. Code § 6-5-410, official Alabama statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Alabama government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Alabama Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 years | Ala. Code § 6-5-410 |
| Florida | 2 yrs | Fla. Stat. § 768.19; Fla. Stat. § 95.11(5)(e) |
| Georgia | 2 yrs | O.C.G.A. § 51-4-1 et seq.; O.C.G.A. § 9-3-33 |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Mississippi | 3 yrs | Miss. Code Ann. § 11-7-13; § 11-1-60 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Alabama?
You have 2 years from Date of death, under Ala. Code § 6-5-410.
Can I still sue after 2 years in Alabama?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Alabama generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
State has sovereign immunity (Ala. Const. Art. I, § 14). Counties: itemized claim within 12 months of injury (§ 11-12-8). Cities/towns: sworn written notice within 6 months of injury (§ 11-47-23). Damages against local government entities capped at $100,000 per claim, $250,000 per occurrence.
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Sources
- Official Alabama Code § 6-5-410 - Wrongful Act, Omission, or Negligence Causing Death
- Corroborating How Do Wrongful Death Lawsuits Work in Alabama? - Nolo
- Corroborating 2025 Code of Alabama § 6-5-410 - Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Alabama attorney.