Alabama is the only state where wrongful-death damages are punitive only. Families cannot recover compensatory damages — no medical bills, funeral costs, lost income, or grief. The jury awards punitive damages measured by how wrongful the conduct was.
Last refreshed August 26, 2026
| Coverage scope | Alabama wrongful-death claims | Answer family | Policies & rules |
|---|---|---|---|
| Stable fields | Alabama statutes and common-law doctrine | Dynamic fields | Insurance limits, case results |
| Damage category | Recoverable in Alabama wrongful death? |
|---|---|
| Medical bills | No |
| Funeral costs | No |
| Lost future income | No |
| Survivors' grief and loss of companionship | No |
| Punitive damages | Yes, measured by the wrongfulness of the conduct |
Can we recover the funeral bills and lost income?
Not as wrongful-death damages in Alabama — those compensatory categories are not available. This is unique to Alabama and is why experienced counsel matters.
Who can file a wrongful death lawsuit in Alabama?
Only the estate's personal representative may file. Proceeds pass to heirs under the intestacy statute, outside the estate and beyond the decedent's creditors.
How long do we have to file a wrongful death case in Alabama?
The claim must be filed within two years of the date of death.
Are punitive damages capped in an Alabama wrongful death case?
No. Alabama's punitive damage caps do not apply to wrongful death, so awards can be very large.
How does a jury decide the amount in an Alabama wrongful death case?
Damages are measured by how wrongful the defendant's conduct was, not by your family's financial losses. They are allowed even where the conduct was merely negligent.