What is the Statute of Limitations for Wrongful Death in Alabama?

When a loved one dies due to the conduct of another party, you likely want to take time to grieve and focus on your family before considering legal action. However, always keep in mind there are strict time limits for wrongful death lawsuits in Alabama, called the statute of limitations. 

To ensure you meet all legal deadlines, consult an Alabama wrongful death lawyer from Luck Law, LLC, as soon as possible. Doing so protects your family’s future.

Understanding the Statute of Limitations for Wrongful Death in Alabama

The statute of limitations sets a time limit on when a lawsuit can be filed. In most cases, the clock starts ticking on the day the individual passes away.

In Alabama, the statute of limitations for wrongful death cases is generally two years from the date of death. However, there are certain exceptions and nuances that can affect this timeframe. 

Exceptions to the Two-Year Statute of Limitations

While the general rule in Alabama is a two-year statute of limitations for wrongful death cases, there are some exceptions that may extend or shorten the time frame. 

Discovery Rule

In some cases, the two-year statute of limitations may start from the date when the plaintiff discovers or reasonably should have discovered the cause of death or that someone else was responsible for the death. This rule applies when the cause of death is not immediately apparent, such as in cases of medical malpractice or toxic exposure. 

Minors and Incapacitated Individuals

If the wrongful death claim involves a minor or an incapacitated individual who must bring the claim, the statute of limitations may be tolled, or temporarily suspended, until they reach the age of majority or are declared mentally competent. This extension allows minors or incapacitated individuals to file a claim once they are able to do so for themselves.

Governmental Entities

When a wrongful death claim involves a governmental entity, such as a city or state agency, special rules apply. In some cases, a "notice of claim" must be filed within a specific time frame before a lawsuit can be initiated. Failing to meet these notice requirements can result in the forfeiture of your right to pursue a wrongful death claim against a governmental entity.

Why You Need an Alabama Wrongful Death Attorney

Wrongful death cases in Alabama can be overwhelming, and the law is different from other states. That is why you need an experienced Alabama wrongful death attorney to represent you and protect your rights. 

A skilled attorney has an in-depth understanding of the applicable laws and can effectively pursue a case on your behalf. They can ensure you meet all deadlines and requirements.

Losing a loved one is an emotionally challenging time, and the thought of a legal battle can add additional stress. By hiring an Alabama wrongful death attorney, you can focus on healing and grieving while knowing that a trusted professional is fighting for your rights and seeking justice for your family.

Contact Luck Law, LLC - Your Trusted Alabama Wrongful Death Attorneys

At Luck Law, LLC, we understand the pain and grief caused by the wrongful death of a loved one. Our dedicated Alabama wrongful death attorney is here to provide you with the support and guidance you need during this difficult time. We will handle all aspects of your case, from gathering evidence to negotiating with insurance companies.

Don’t wait to contact us today for a free consultation.