Call The Harris Firm LLC today at (205) 201-1789
Nothing on this page pretends a lawsuit fixes a loss like yours. What it can do is hold the responsible party accountable, in the way Alabama law was built to do — and we will walk your family through every step of it, gently and plainly.
In short: When someone’s negligence or wrongful act causes a death in Alabama, the personal representative of the deceased’s estate can bring a wrongful death claim under Alabama Code §6-5-410 — against careless drivers, negligent facilities, dangerous products, and more.
What makes Alabama unique: Alabama wrongful death damages are punitive — they measure the wrongdoer’s conduct, not the family’s financial loss. It is the only state that works this way, and it changes how these cases are built, argued, and valued.
The estate connection: The claim must be brought by the estate’s personal representative — which means an estate usually must be opened first, and the proceeds pass to the heirs under Alabama’s intestacy law, outside the will and free of the estate’s debts. Few firms handle both halves; we do.
The deadline: Two years from the date of death — and Alabama courts enforce it strictly. Opening the estate takes time, so the real clock is shorter than it looks.
Wrongful Death Cases We Handle
Fatal car and truck wrecks. Nursing home neglect that turned deadly. Medical negligence. Dangerous products and drugs — including the national mass tort litigations where a family’s loss becomes part of holding a manufacturer accountable. Workplace and premises deaths. If someone else’s wrongful act took your family member, it is the kind of case we handle.
And because the claim runs through the estate, the probate side is not an afterthought here — it is our home field. See probate of wrongful death estates for how the two halves fit together.
Why the Estate Side Matters as Much as the Lawsuit
Most injury firms treat the probate work as a nuisance — something to farm out and wait on. We are a probate firm as much as anything else. Opening the estate, getting letters issued, navigating disputes over who should serve as personal representative, and distributing the recovery correctly to the heirs are things our attorneys do every week, in probate courts across Alabama.
For your family, that means one firm, one engagement, and no hand-offs in the middle of the worst season of your life — from the courthouse where the estate opens to the courtroom where the case is heard.
How Your Family’s Case Works
At your pace, with the deadlines watched for you.
Free, Unhurried Consultation
Tell us what happened to your loved one. We explain honestly whether there is a claim, how Alabama’s unusual framework applies, and what the two-year deadline means for your family.
Open the Estate
Our probate attorneys petition the probate court, get the personal representative appointed, and put the estate in position to bring the claim — the legal doorway every Alabama wrongful death case walks through.
Investigate and Prosecute
The liability record gets built — because in Alabama, the defendant’s conduct is the whole measure of the case. Where the claim benefits from added trial resources, we associate experienced co-counsel, disclosed and agreed in writing at no added cost.
Resolution and Distribution
Settlement or verdict, the recovery passes to the heirs under Alabama law — outside the will, free of estate debts — and we handle that distribution correctly. No attorney fee unless there is a recovery.
Alabama Wrongful Death — Frequently Asked Questions
1.What does it cost to pursue a wrongful death case?
Nothing up front. The consultation is free, and the case is handled on a contingency fee — the attorney fee is a percentage of any recovery. If there is no recovery, you owe no attorney fee.
2.Who is allowed to bring the claim?
The personal representative of your loved one’s estate — appointed by the probate court. Usually that is the spouse or an adult child, but the appointment has to happen before the lawsuit can. We handle both, and we can usually get the estate opened quickly.
3.Why does everyone say Alabama wrongful death law is different?
Because it is. Alabama is the only state where wrongful death damages are entirely punitive — measured by the wrongdoer’s conduct rather than the family’s financial losses. That reshapes everything: the evidence that matters, how the case is argued, and how it is valued.
4.Who receives the money if the case succeeds?
The heirs, under Alabama’s intestacy statutes — regardless of what the will says, and free of the estate’s debts and creditors. Distributing it correctly is a probate task, and it is one our probate attorneys handle as part of the same case.
5.How long do we have to file?
Two years from the date of death, enforced strictly — and the estate must be opened and a personal representative appointed before filing, which takes time of its own. If you are anywhere near the deadline, call today, not tomorrow.
6.Our loss involved a drug or product in the national litigation. Is that handled differently?
The estate side works the same — the claim still runs through a personal representative — but the lawsuit joins the coordinated national litigation for that product, where we work alongside experienced trial co-counsel. Alabama’s two-year deadline still applies, so do not wait on the national process.
When You’re Ready to Talk, We’re Ready to Listen
One free, unhurried call tells your family whether there is a claim, what the deadline is, and what the path looks like — the estate and the lawsuit, together. No obligation, no fee unless you recover.
Have This Handy When You Call
✓ What happened, and when your loved one passed
✓ Who you believe was responsible
✓ Whether an estate has been opened yet
✓ The death certificate, if you have it
✓ Rough is fine — we walk you through the rest
Call the Office Nearest You
Birmingham — (205) 201-1789
Chelsea — (205) 677-5490
Huntsville — (256) 665-9473
Montgomery — (334) 782-9938
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