Ala. Code § 6-5-410

Section 6-5-410 wrongful-death claims are subject to a defense when the defendant believed, with reason, that a statute authorizing the act was valid, even if that statute was unconstitutional.

Ayler v. Hopper · filed 1981-04-29

Similarly, as to state causes of action for wrongful death, such as the one alleged by the plaintiff in this case, the principle appears to be well established that reliance on a state statute authorizing an allegedly wrongful act will constitute a defense to an action based on that act, even if the statute itself is unconstitutional, if the defendant charged with the act believed and had reason to believe that the statute authorizing it was valid.

Section 6-5-410 requires the defendant’s wrongful act, omission, or negligence to cause the decedent’s death; negligence without proximate causation does not support recovery.

Morrison v. Washington County · filed 1981-09-03

Section 6-5-410 provides a cause of action to the personal representative of the decedent against any person or corporation where the wrongful act, omission, or negligence of the person or corporation caused the death of the decedent. ... Even assuming that Sheriff Wheat failed to exercise reasonable care in providing medical attention or supervision to Morrison, no failure on the part of the Sheriff proximately caused the acute cardiac failure.

For a negligence-based wrongful death claim under § 6-5-410(a), the plaintiff must prove negligence, and death is the relevant injury.

Hardin v. Hayes · filed 1995-05-19(a)

By contrast, on the Alabama wrongful death claim, Hardin needed only to demonstrate that City personnel were negligent in their treatment of Houseal. See Ala.Code § 6-5-410(a) (1993). Furthermore, for the purpose of the state-law claim, the relevant injury was not the decedent's emotional pain resulting from the delay in obtaining mental health treatment; rather, the pertinent focus was on the fact of death itself.

Section 6-5-410(a) requires allegations of a wrongful act or negligence to state a viable wrongful death claim.

State Farm Fire & Casualty Co. v. Lacks · filed 2012-01-12(a)

Although the underlying amended complaint does not allege as much detail with respect to the death of Johnny Ray Whitley (Underlying Am. Comp. ¶ 2-4), the allegations of wrongful death by necessity include a “wrongful act ... or negligence” in order to state a viable claim.

A wrongful death claim under § 6-5-410 requires proof of a wrongful act, omission, or negligence by each defendant.

Wilson v. Stewart · filed 2021-08-05

First, as Defendants point out, to sustain her claim for wrongful death against them, Wilson must offer proof of a wrongful act, omission, or negligence by each Defendant.

Section 6-5-410 permits a wrongful death claim against jailers when allegations that they refused medical care and the detainee died from his condition plausibly support the claim.

Perryman v. Butler County Commission, Alabama · filed 2024-05-16

Count Two is a state law wrongful death claim against the jailers. See Ala. Code § 6-5-410. ... The Estate pled enough facts to support a state law wrongful death claim since Andrews was in Teague’s and Hall’s custody as a detainee; the pair were present during the medical event and observed Andrews’s suffering; they refused Andrews’s requests for medical care; they refused other detainees’ requests that Andrews be medically treated after they saw his condition themselves; and, Andrews died from his condition.

Section 6-5-410 requires the alleged tort to cause the death; a wrongful-death claim based on suicide fails when the allegations do not support an irresistible impulse caused by the tort.

Missildine v. City of Montgomery · filed 1995-11-20(a)

To be actionable under Alabama’s wrongful death statute, the tort must have been the cause of death. ... Considering all the facts in the complaint as true and the inferences therefrom in favor of the plaintiff, the court finds that the evidence is insufficient to support a claim of wrongful death as a result of an irresistible impulse on the part of Mr. Missildine to commit suicide.

Section 6-5-410 requires the decedent to have had a viable personal injury claim at death, rather than when the wrongful death action was filed.

Griffin v. Hunt Refining Co. · filed 2008-07-03(a)

We agree with Griffin that the relevant inquiry is whether the decedent had a viable personal injury action at the time of his death, not whether such an action was time barred at the time that the wrongful death action was actually filed.

Section 6-5-410 permits a wrongful-death action for an unborn child who dies before reaching viability.

Hamilton v. Scott · filed 2012-05-18

As set forth in Mack and as applicable in this case, Alabama’s wrongful-death statute allows an action to be brought for the wrongful death of any unborn child, even when the child dies before reaching viability.

Section 6-5-410(a) covers a wrongful death claim based on alleged fraud that caused the decedent’s death.

Waits v. Kubota Tractor Corporation · filed 2019-10-04(a)

But here, Waits claims that the alleged fraud caused the decedent’s death, placing it squarely within Alabama’s wrongful death statute.

For a wrongful death claim arising from an inmate’s suicide, § 6-5-410 requires that the defendants themselves reasonably should have anticipated the risk of self-harm to that inmate.

Head v. Dunn · filed 2021-05-19(a)

That is, as applied by the Alabama Supreme Court in the context of inmate suicide, the relevant statute seemingly does not contemplate the causal chain that would be required here. Rather, it requires knowledge, on the part of Defendants themselves, regarding a risk to a specific inmate.

A wrongful death claim under § 6-5-410 must plead duty, breach, causation, and damages at a minimum.

Huffman v. Dunn · filed 2021-06-21

To properly allege wrongful death, Huffman must plead the basic tort elements of duty, breach, causation, and damages at a minimum.

Section 6-5-410 requires facts showing that the defendant’s act or omission proximately caused the death.

Perkins v. City of Decatur Alabama · filed 2024-08-06

Causation is an essential element in a wrongful death action. See Ala. Code §6-5-410 (noting that a party must show that the “wrongful act, omission, or negligence of any person…caused” the death of the testator or intestate). ... Accordingly, the court finds that Mrs. Perkins fails to plead facts that would establish any act of the non-shooting officers proximately caused her husband’s death.

Section 6-5-410 permits a personal representative to convert a decedent’s existing personal injury action into a wrongful death action even if the decedent could not have filed the personal injury action in Alabama.

Pace v. Armstrong World Industries, Inc. · filed 1991-03-15

Based on the foregoing, we hold that the decedent's inability to commence a personal injury action in Alabama had death not occurred does not preclude his personal representative from converting his existing personal injury action filed in Texas into a wrongful death action under Ala. Code 1975, § 6-5-410.

Section 6-5-410(a) bars a wrongful death claim against a defendant when the decedent’s personal injury claim against that defendant was time-barred, even if the decedent timely sued another defendant.

Curtis v. Quality Floors, Inc. · filed 1995-01-27(a)

The plain language of the wrongful death statute states that the personal representative may commence a wrongful death action, "provided the testator or intestate could have commenced an action for such wrongful act, omission, or negligence if it had not caused death." When Clarence Curtis filed the amendment to state the wrongful death claim, Clara Curtis, had she been living, could not have amended her complaint to state a personal injury claim against Quality Floors, had her death not occurred, because such a claim would have been time-barred by the two-year statute of limitations.

Section 6-5-410 allows trespass to real property to support a wrongful death claim only if the decedent could have sued for the trespass had it not caused death.

Avery v. Geneva County · filed 1990-07-06(a)

It would follow that a trespass to real property could serve as a "wrongful act" so as to give rise to a cause of action under our wrongful death statute. Ala.Code 1975, § 6-5-410, also requires, however, that the decedent could have commenced an action for the wrongful act had that act not resulted in his death. ... Since the plaintiff can maintain only those actions in wrongful death that the decedent would have had, if the act had not caused death, and the decedent would have had no action in trespass, the trial court properly entered summary judgment for the defendants on the trespass claim.

Section 6-5-410(a) requires an Alabama court hearing an independent wrongful death action to apply Alabama procedural law, including its statute of limitations, when deciding whether the decedent could have brought the underlying personal injury claim.

Henderson v. MeadWestvaco Corp. · filed 2009-03-20(a)

In light of the legislature’s failure to override our rules on conflicts of law and under the longstanding conflicts-of-law principle of lex fori, the law of Alabama supplies the procedural law, including the statute of limitations, to determine the outcome of the inquiry called for by the proviso as to whether Tony Henderson could have commenced a personal-injury action for the injuries that allegedly caused his death had he not died.

Section 6-5-410(a) requires a wrongful death plaintiff to prove that the defendant caused the decedent’s death.

Moncrief · filed 2026-05-01(a)

To prevail on their wrongful death claim, Plaintiffs must prove either Officer Albrecht or Officer Brown shot and killed Moncrief.

Section 6-5-410 vests a wrongful death claim solely in the personal representative for the benefit of the real parties in interest.

Parmater v. Amcord, Inc. · filed 1997-05-02

The Iowa wrongful death statute is identical to the Alabama statute insofar as it vests the claim solely in the personal representative for the benefit of the real parties in interest. Egan v. Naylor, 208 N.W.2d 915 (Iowa 1973). The Iowa personal representatives, after having been appointed by the Iowa court, had the authority to prosecute a wrongful death action in the State of Iowa under either the Iowa Wrongful Death Act or the Alabama Wrongful Death Act. Ala.Code 1975, §§ 6-5-410, 6-5-391.

Section 6-5-410 does not permit a court handling estate administration to award a personal representative a fee from wrongful-death proceeds for work on the estate.

Rodgers v. McElroy · filed 2014-04-18(c)

The trial court in this action, which involves only issues arising out of the administration of White’s estate, did not have the authority to award McElroy a fee from the wrongful-death proceeds.

Section 6-5-410(c) requires wrongful death damages to be distributed under the statute of distributions; a court cannot divert a beneficiary's share because the beneficiary is considered unworthy.

Pogue v. Pogue · filed 1983-04-06(c)

The governing statute, Ala. Code § 6-5-410 (1975), provides in relevant part that: "(c) The damages recovered [for wrongful death] are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions." (Emphasis added.) ... The clear import of the cases discussed above is that, absent a statute, courts may not circumvent the statutory distribution scheme on the grounds the recipient is "unworthy."

Section 6-5-410 limits recovery for wrongful death to punitive damages.

Lauderdale v. United States · filed 1987-02-26

Since Alabama law limits recovery in wrongful death cases to punitive damages, 1975 Ala.Code § 6-5-410; Lowe v. General Motors Corp., 624 F.2d 1373 (5th Cir.1980), this latter provision is applicable to the instant case.

Section 6-5-410(a) requires a plaintiff to be the decedent’s personal representative when filing a wrongful death action.

Nailen v. Ford Motor Co. · filed 1988-07-18(a)

In light of Pool, it is obvious that this suit must be dismissed, if for no other reason than because the plaintiff was not the personal representative of the deceased’s estate at the time suit was filed.

Section 6-5-410 makes the personal representative a nominal party who brings a wrongful death action on behalf of the statutory beneficiaries.

McCants v. United States · filed 2022-04-04

That is, in Alabama, a personal representative in a wrongful death action proceeds on the statutory beneficiaries’ behalf as a nominal party.

Section 6-5-410 requires a wrongful death action to be brought by the decedent’s appointed personal representative.

Washam-Buford v. City of Prichard, Alabama · filed 2023-05-08(a)

In this case, Plaintiff has not been appointed the administratrix of the Estate and as the Alabama Supreme Court denied her probate appeal, Plaintiff has no means to be appointed. As such, she does not have standing to pursue a lawsuit on behalf of the Estate.

Section 6-5-410 allows a decedent’s executor or administrator to bring a wrongful death action as personal representative.

James v. Three Notch Medical Center · filed 1997-06-05(a)

Rather, under § 6-5-410 of the 1975 Alabama Code, a “personal representative” is defined as the executor or executrix of the decedent’s will or the administrator or ad-ministratrix of an intestate’s estate.

Section 6-5-410(a) permits a wrongful-death suit by the decedent’s personal representative, including an appointed executor or administrator, but not by someone acting solely as a statutory beneficiary.

Moore ex rel. the Estate of A.M. v. Chilton County Board of Education · filed 2013-03-27(a)

Based upon the foregoing authority, Plaintiffs cannot bring this suit under § 6-5-410 as A.M.’s “statutory beneficiaries.” ... Construed in Plaintiffs’ favor, these allegations reasonably imply that Plaintiffs are the estate’s appointed executors or administrators and, thus, the personal representatives within the meaning.of Section 6-5-410.

Section 6-5-410 allows only the decedent’s personal representative to bring a wrongful-death claim.

Burns v. City of Alexander City · filed 2015-06-05

Plaintiff G.C., who is not the personal representative of Mr. Crayton’s estate, lacks standing to bring any state law claims, including one for wrongful death.

Section 6-5-410(c) requires wrongful-death damages to be distributed according to the Statute of Distributions.

Sullivan v. Prattville Health and Rehabilitation, LLC (MAG+) · filed 2024-03-05(c)

This Court recognizes that the Alabama Wrongful Death Statute provides that damages recovered must be distributed according to the Statute of Distributions.

An action under § 6-5-410 filed by an administrator whose appointment is voidable may be amended to substitute a proper representative, with the amendment relating back to the original filing.

Holyfield v. Moates · filed 1990-06-15

In Downtown Nursing Home, Inc. v. Pool, supra ; and Brown v. Mounger, supra , we held that to bring a wrongful death action pursuant to § 6-5-410, on behalf of the decedent's heirs, the personal representative must be a duly appointed executor or administrator, and that the failure of the personal representative to be so appointed rendered his acts void. ... The order of the Probate Court of Chilton County was voidable only, and not void; thus, it follows that the acts of Crenshaw pursuant to that order were merely voidable. ... We hold, therefore, that the trial court erred in entering summary judgment and in not allowing the amendment substituting the name of the real party in interest to relate back to the time suit was filed.

Section 6-5-410 vests the wrongful death cause of action in the deceased person's personal representative.

Buck v. City of Rainsville · filed 1990-11-09

Alabama's wrongful death statute, Ala. Code 1975, § 6-5-410, provides that "a personal representative may commence an action [for wrongful death]." ... Under the statute, the cause of action is vested in the personal representative.

A person who files a wrongful death action as next of kin may amend the complaint after the two-year period to sue as personal representative if appointed within that period.

Ellis v. Hilburn · filed 1997-01-10

We affirm the trial court's interlocutory order holding that the wrongful death complaint, filed by Mrs. Hilburn before she was appointed administratrix of her husband's estate, and while she was purporting to act not as administratrix but as her husband's "next of kin," could be amended by Mrs. Hilburn, after the two-year statutory limitations period had expired, to indicate that within the two-year limitations period she had been appointed administratrix and that she was prosecuting the action as administratrix.

Section 6-5-410 allows an executor or administrator to bring a wrongful death action; a suit filed by someone who has not been appointed to either role is a nullity.

Waters v. Hipp · filed 1992-04-24

Section 6-5-410 provides that the personal representative of the deceased may bring a wrongful death action. A "personal representative," for the purposes of § 6-5-410, is an executor or an administrator. Hatas v. Partin, 278 Ala. 65, 175 So.2d 759 (1965). One who sues under this section without having been appointed executor or administrator does not qualify under this section as a personal representative, and the suit is a nullity.

Section 6-5-410(c) requires uninsured motorist proceeds paid for an insured’s wrongful death to be distributed under the statute of distributions.

Sprouse v. Hawk · filed 1990-12-14(c)

We find that the only basis for payment under the uninsured motorist policies was the existence of a wrongful death claim held by Mary Hawk’s personal representative. Accordingly, the proceeds received under the insurance policies represented damages recoverable under the Wrongful Death Statute. Because we hold that those proceeds should be distributed in accordance with the Wrongful Death Statute, we reverse the trial court’s summary judgment and remand the case.

Section 6-5-410’s protection of wrongful death proceeds from the decedent’s debts does not bar employer reimbursement authorized by § 25-5-11.

Northeast Utilities v. PITTMAN TRUCKING · filed 1992-01-17(c)

Bradley contends that Northeast Utilities' claim to the proceeds of this action is prohibited by the rule that damages recovered under the Wrongful Death Act are not subject to the payment of debts or liabilities of the decedent. We disagree, insofar as actions authorized by Ala.Code 1975, § 25-5-11, are concerned, as this action was. In such cases, we must construe Alabama's Worker's Compensation Act, Ala. Code 1975, § 25-5-11, and Alabama's Wrongful Death Act, Ala.Code 1975, § 6-5-410, together.

Section 6-5-410(c) distributes wrongful death proceeds to the decedent’s heirs under the statute of distributions, including grandchildren whose parents predeceased the decedent.

Swiney v. Waters · filed 1998-04-03(c)

In this case, unlike the husband in Lowe, Ms. Walker’s grandchildren by her two sons who had predeceased her are heirs entitled to share in the wrongful death settlement proceeds under § 6-5-410(c).

Section 6-5-410(c) protects wrongful death damages from the decedent's debts, but a beneficiary may voluntarily use those damages to pay a hospital bill.

Jones v. DCH Health Care Authority · filed 1993-06-11(c)

However, in the case before us the executrix is also the sole beneficiary under the Wrongful Death Act. There is no "illegal user or misuser" in Jones's voluntarily paying her deceased mother's hospital bill with money that under the Wrongful Death Act would belong to Jones.

Section 6-5-410(a) allows a personal representative to be the named party in a wrongful death action but does not exempt a nonlawyer representative from the requirement to use an attorney when representing an estate in court.

Stewart v. Korn · filed 1998-01-16(a)

Section 6-5^110 allows a personal representative to serve as a named party in an action concerning an estate. That section does not, however, exempt a personal representative from the § 34-3-6(a) requirement that a person dealing with a court of law on behalf of a separate legal entity either be a licensed attorney or be represented by one.

Section 6-5-410 allows a personal representative to be the named party in a wrongful death action but does not allow a nonattorney representative to represent the estate in court.

Ex Parte Ghafary · filed 1999-04-09(a)

Section 6-5-410 allows a personal representative to serve as a named party in an action concerning an estate. That section does not, however, exempt a personal representative from the § 34-3-6(a) requirement that a person dealing with a court of law on behalf of a separate legal entity either be a licensed attorney or be represented by one.

Wrongful-death proceeds pass to the decedent’s statutory heirs, and an heir does not forfeit them by declining to serve as administrator.

Scroggins v. Johnson · filed 2004-10-29(c)

The father could, as a matter of Alabama law, properly decline the office of administrator of the decedent's estate without prejudice to his rights, as the decedent's heir, to any wrongful-death proceeds.

Section 6-5-410 allows only an appointed personal representative to bring a wrongful-death action; an action filed by someone without that authority is a nullity.

McElroy v. Hubbard Properties, Inc. · filed 2016-03-04(a)

Therefore, Carolyn was without the authority to file the wrongful-death action, and that action is a nullity.

Section 6-5-410(a) allows only a legally appointed personal representative to bring a wrongful-death action; a complaint filed after that representative’s discharge is a nullity.

Northstar Anesthesia of Alabama, LLC v. Noble · filed 2016-07-08(a)

Paula had been discharged and released as the personal representative of Thomas’s estate before she filed the complaint in the wrongful-death action. Therefore, Paula was without authority on November 15, 2013, to commence the wrongful-death action, and it was a nullity.

Section 6-5-410 allows only the personal representative to bring a wrongful-death action; an action filed by someone else is a nullity, and substituting the personal representative cannot cure it.

Ex parte Bio-Medical Applications of Alabama, Inc. · filed 2016-07-15

Under § 6-5-410, Ala.Code 1975, only Darrick, as personal representative, had the authority to bring a wrongful-death action. ... Because Corey lacked the authority to file the wrongful-death action, that action is a nullity, like the action in Ex parte Hubbard Properties. Further, because the action is a nullity, Darrick could not be substituted as the plaintiff.

Section 6-5-410 does not permit a discharged personal representative to bring a wrongful-death action; an action filed after discharge is a nullity.

Watson v. Univ. of Ala. Health Servs. Found., P.C. · filed 2018-04-27

Based on the foregoing, we conclude that Watson, having been legally discharged as personal representative of Fejeran's estate, lacked the representative capacity to bring the wrongful-death action, and the action is therefore a nullity.

Section 6-5-410 does not authorize an administrator ad litem to pursue a wrongful-death action, even if properly appointed.

Goldstein v. Cont'l Motors, Inc. (In re Cont'l Motors, Inc.) · filed 2018-06-29(a)

However, we need not address that argument because, based on our conclusion, even if Fields was properly appointed as an administrator ad litem, she does not have the authority to pursue a wrongful-death action under § 6-5-410.

Section 6-5-410(c) permits a personal representative to be paid from wrongful-death proceeds for pursuing the claim because that fee is not a debt or liability of the deceased.

Rodgers v. McElroy · filed 2012-08-10(c)

Furthermore, because her role as the personal representative in the wrongful-death action was carried out on behalf of White’s next of kin and not for the benefit of his estate, compensating McElroy from the proceeds recovered in the wrongful-death action does not constitute a payment of White’s liabilities or debts and, therefore, does not run afoul of § 6-5-410(c), as Rodgers argues.

Section 6-5-410(c) does not allow wrongful-death proceeds to pay estate administration expenses, including compensation for the personal representative.

Rodgers v. McElroy · filed 2013-03-29(c)

There is no allowance in the wrongful-death statute for payment of expenses of the administration of the decedent’s estate, which would include personal-representative compensation.

Proceeds from a wrongful-death action under § 6-5-410 are not part of the decedent's estate.

Kirksey v. Iris Johnson · filed 2014-10-17

A wrongful-death action is not brought by the estate of the decedent; accordingly, the proceeds from a wrongful-death action are not part of the decedent's estate.

Section 6-5-410 provides a two-year limitations period that governs this § 1983 wrongful death action.

Carolyn N. Hess, Administratrix of the Estate of David Milano, Deceased v. Bob Eddy · filed 1982-10-21

Therefore, the district court correctly applied Alabama law to determine the applicable limitations period and properly held that the two-year limit set forth in Alabama’s wrongful death statute would control in this case.

Alabama’s wrongful death statute has a two-year limitations period.

Carol Morris, Administratrix of the Estate of Linda Louis Grimes, Deceased v. Sse, Inc. · filed 1990-09-26

Since the injury occurred in Alabama, the district court also properly applied Alabama’s wrongful death statute, which has a two-year limitations period. Ala.Code § 6-5-410 (1975).

Section 6-5-410(d) requires a wrongful death action to be commenced within two years after the victim’s death.

Oakley v. A.L. Logistics, LLC · filed 2022-01-31(d)

An action for wrongful death brought under Alabama law must be commenced within two years after the death of the victim.

Section 6-5-410’s two-year filing period is a substantive limit on wrongful-death actions.

Price v. Litton Systems, Inc. · filed 1984-11-21

For the reasons stated hereinabove, it is the court’s opinion that the plaintiffs are barred from bringing these actions by the two year limitation period found in the Alabama Wrongful Death Act and that the defendants’ motions for summary judgment should be granted.

Section 6-5-410(d) requires a wrongful-death action to be commenced within two years after death.

Oakley v. A.L. Logistics, LLC · filed 2020-11-20(d)

Because more than two years elapsed between Mr. Lucicus’s death on July 20, 2017, and Ms. Oakley’s filing of the amended complaint on January 31, 2020, § 6-5-410(d) bars Ms. Oakley’s claims against ALL unless the amended complaint relates back to the timely filed original complaint.

Section 6-5-410(d) requires a wrongful-death action to be commenced within two years after death.

Estate of Rowell v. Walker Baptist Medical Center · filed 2013-01-30(d)

Further, plaintiffs’ amended complaint was docketed only one day prior to the expiration of the applicable statute of limitations. See Ala.Code § 6-5-410(d) (1975) (prescribing that wrongful death actions “must be commenced within two years from and after the death of the testator or intestate”).

Section 6-5-410(d) requires a wrongful death claim to be filed within two years of the death.

Crews v. Pfizer Inc · filed 2021-10-29(d)

Wrongful death claims must “be commenced within two years from after the date of the testator or intestate.” Ala. Code § 6-5-410(d). ... But to have properly brought this claim, Plaintiff would have had to file suit more than a decade ago.

Section 6-5-410 creates an independent state wrongful-death claim that must be filed within two years of death; that deadline does not govern claims brought under § 1983.

Powell v. Dunn · filed 2022-03-01(d)

Claims brought pursuant to § 6-5-410 must be commenced within two years from the date of death. ... First, Ms. Powell did not assert her claims through Alabama’s wrongful death statute, which is an independent state law cause of action.

Section 6-5-410(d) requires an Alabama wrongful death action to be commenced within two years of the decedent’s death.

Thornton v. Selma Health and Rehab, LLC · filed 2024-01-12(d)

Wrongful death actions must be commenced within two years from the death of the decedent in Alabama. Ala. Code § 6-5-410(d).

Section 6-5-410 requires a wrongful death action to be commenced within two years of death; commencement requires filing the complaint with a bona fide intent to serve it immediately.

Broady v. Herd · filed 2024-03-05(d)

Ala. Code § 6-5-410 requires all wrongful death actions to be commenced within two years of the decedent’s death. ... But to commence an action for statute of limitations purposes or for the purposes of Ala. Code § 6-5-410, “the complaint must be filed and there must also exist a ‘bona fide intent to have it immediately served.’”

Section 6-5-410(d)’s two-year filing period can be satisfied by naming a fictitious defendant in a timely complaint when the plaintiff uses due diligence to identify that defendant; a later substitution then relates back.

Spence v. Southern Pine Electric Cooperative · filed 1992-05-22(d)

Therefore, it makes no difference that § 6-5-410 is a statute of creation. If the plaintiffs complied with the requirements of Rule 9(h), their action was timely filed within two years of Garry Spence’s death and the subsequent amendment correctly designating FMC as one of the fictitiously named defendants related back to the date on which the complaint was filed.

Section 6-5-410 requires a wrongful-death action to be filed within two years of death and requires that the decedent could have brought an action free of a limitations bar had they lived.

Spain v. Brown & Williamson Tobacco Corp. · filed 2003-06-30

Alabama's Wrongful Death Act, § 6-5-410, Ala.Code 1975, requires that an action be filed within two years of the date of the death. Furthermore, for the death to be actionable, the decedent must have been able to bring an action without the bar of limitations as a defense had he or she lived.

Section 6-5-410(d)'s wrongful death limitations period applies to a wrongful death action alleging products liability.

Daniel v. Heil Company, Inc. · filed 1982-08-06(d)

The wrongful death limitations period contained in § 6-5-410(d) applies.

Section 6-5-410 allows two years to file a wrongful death claim; an amendment correcting the defendant’s description can relate back to a complaint filed within that period.

Parks v. Moore · filed 1996-10-04(d)

Section 6-5-410, Ala.Code 1975, provides an action for a wrongful death claim and provides a two-year statute of limitations. § 6-5-410(d). ... Because we hold that the amendment should have related back to the timely filed complaint, the trial court erred in determining that the complaint against Moore was not filed within the period allowed by the statute of limitations and erred in dismissing Parks’s complaint as not timely filed.

Section 6-5-410’s two-year period governs a wrongful-death claim brought under § 1983.

Long v. Hodges · filed 1989-01-13

The 2-year period allowed by § 6-5-410 is not so short as to frustrate the claimant’s exercise of a § 1983 right of action.

Section 6-5-410 requires a wrongful death action to be commenced within two years of death; filing without intent to serve process or payment of the full filing fee does not commence the action in time.

Dukes v. Jowers · filed 1991-08-02

In the present case, as in both Ward v. Saben Appliance Co., 391 So.2d 1030 (Ala.1980), and De-Gas, Inc. v. Midland Resources, 470 So.2d 1218 (Ala.1985), the intent not to serve the defendants or to pay the entire filing fee was manifested at the time of filing; thus “the lack of intent prevented the actual filing from being timely and, therefore, barred the plaintiffs claims by virtue of the statute of limitations.”

Section 6-5-410(d) makes the two-year filing period part of the wrongful-death claim, but a timely complaint naming a fictitious defendant can satisfy it when the plaintiff diligently identifies and substitutes the defendant.

Ex Parte FMC Corp. · filed 1992-05-22(d)

It is well settled that the time limitation set out in § 6-5-410(d) is part of the substantive cause of action and that it is not subject to any provision intended to temporarily suspend the running of a limitations period. ... Instead, these rules combine to provide a mechanism whereby a statute of limitations, or a time limitation provision such as the one found in § 6-5-410, can be satisfied in a case where the plaintiff has been unable through due diligence to identify by name the person or entity responsible for his injury.

A wrongful death action filed within § 6-5-410's two-year period is not barred when the filer timely petitioned for letters of administration but the probate court issued them after the period expired; the appointment relates back to the petition.

Ogle v. Gordon · filed 1997-09-12

However, he filed this action, based on his wife's death, within the two years allowed by the Wrongful Death Statute, § 6-5-410, Ala.Code 1975. ... That dereliction should not bar the plaintiff's action. Based on these facts, we hold that Ogle's January 19, 1995, appointment relates back to the date he filed his petition, September 30, 1992; consequently, we reverse the judgment of the trial court and remand the cause for further proceedings consistent with this opinion.

Section 6-5-410 allows a personal representative two years after death to bring a wrongful-death action based on medical malpractice if the decedent had a viable malpractice claim at death.

Hall v. Chi · filed 2000-09-08

If the decedent had a viable medical-malpractice claim when he died, then the decedent's personal representative could, within two years after the decedent's death, bring a wrongful-death action alleging medical malpractice.

Section 6-5-410(d) requires a wrongful-death action to be commenced within two years after death; a delay in mailing service alone did not establish that a complaint filed within that period was untimely.

Ex Parte East Alabama Mental Health · filed 2006-03-17(d)

The Board and Penney have not clearly demonstrated that Umbach's action was "commenced" outside the limitations period for a wrongful-death action provided in § 6-5-410(d), Ala.Code 1975.

Section 6-5-410 gives a plaintiff two years after death to bring a wrongful-death action, including one alleging medical malpractice.

Johnson v. BROOKWOOD MEDICAL CENTER · filed 2006-06-16(d)

It is well established that the two-year limitations period found in § 6-5-410, Ala.Code 1975, for asserting wrongful-death actions (and not § 6-5-482, Ala.Code 1975, the medical-malpractice limitations period) applies to wrongful-death cases alleging medical malpractice.

Section 6-5-410 requires a wrongful-death action to be commenced within two years after death; an amendment adding a defendant after that period is barred if it does not relate back.

Ex Parte Mobile Infirmary Association, 1091490 (Ala. 6-24-2011) · filed 2011-06-24

Therefore, because Shaw did not act with due diligence in identifying Mobile Infirmary as the fictitiously named party in the original complaint, his amended complaint does not relate back to the time of filing of the original complaint, and his wrongful-death action against Mobile Infirmary is barred by the expiration of the two-year limitations period in the wrongful-death statute.

Section 6-5-410(d)’s limitations period does not bar adding the proper plaintiff when a timely filed wrongful-death action qualifies for relation back under Rule 17(a).

Kirkley v. Tyson Foods, Inc. · filed 2013-05-24(d)

Thus, notwithstanding the expiration of the wrongful-death statute of limitations, the addition of Mildred as a plaintiff properly related back to the original pleading.

Section 6-5-410(d)'s two-year filing period cannot be tolled by an action filed by someone who lacks authority to bring a wrongful-death claim.

Wood v. Wayman · filed 2010-05-07(d)

Accordingly, the trial court erred when it denied the physicians' motion to dismiss the case on the basis that the two-year period of § 6-5-410 was tolled by the filing of an action by a person who had no authority under that statute to file a wrongful-death action.

Section 6-5-410 requires a wrongful-death action to be commenced within two years of death; an amendment naming a fictitious defendant does not relate back when the plaintiff failed to use due diligence to identify that defendant.

Shaw v. Infirmary Health System, Inc. · filed 2011-06-24

At issue in this petition is whether Shaw’s amended complaint, admittedly filed after the expiration of the two-year limitations period for bringing a wrongful-death action, see § 6-5-410, Ala.Code 1975, related back to the filing of his original complaint. Because Shaw failed to use due diligence in determining the true identity of Mobile Infirmary as the fictitiously named defendant, we hold that the amended complaint did not relate back to the filing of the original complaint, and, thus, the trial court erred in denying Mobile Infirmary’s motion to dismiss.

Section 6-5-410 requires a wrongful-death action to be commenced within two years of death; a later amendment that does not relate back leaves the claim time-barred.

Pynes v. Jackson Hospital · filed 2012-08-10

The two-year statute of limitations for a wrongful-death claim therefore was not tolled, and Pynes’s wrongful-death claim against NHM is time-barred.

Section 6-5-410(d) requires a wrongful-death claim to be brought within two years of the decedent's death.

Carlos Fernando Reixach Murey, as administrator of the Estate of Carlos Lens Fernandez v. City of Chickasaw, Michael E. · filed 2023-03-17(d)

Lens died on May 27, 2016, and any wrongful-death claim was required to have been asserted within two years of Lens's death. See § 6-5-410(d), Ala. Code 1975. Accordingly, Murey's claims against the Taylors are time-barred, unless the limitations period applicable to those claims was tolled.

Section 6-5-410(d) gives a plaintiff two years after death to bring a wrongful-death action; a later amendment adding a defendant must relate back to a timely complaint for the claim to survive.

In re: The Estate of Charles E. Milner, by and through its Administrator, Mary E. Milner v. Community Health Systems Pro · filed 2026-03-06(d)

Because Mary's wrongful-death claim is subject to the two-year period set forth in § 6-5-410(d), Mary's second amended complaint naming Affinity as a defendant, filed on October 27, 2024, must relate back to her original complaint filed on April 1, 2024, for her wrongful- death claim against it to survive.

Section 6-5-410 permits punitive damages but not compensatory damages, including when its wrongful death action sustains a § 1983 claim.

Brown v. Morgan County, Ala. · filed 1981-08-26

In summary, the court finds that federal law is deficient with respect to survival, that the Alabama wrongful death act may be adopted by reference through § 1988, that the policies of the federal civil rights statutes and the Alabama wrongful death act are not inconsistent, and that the Alabama act should be adopted in toto. Compensatory damages are not available to a plaintiff maintaining a 1983 case in reliance on the Alabama wrongful death act.

Section 6-5-410 provides only punitive damages for wrongful death, so an action under it cannot lie against the TVA without a congressional waiver of its immunity from punitive damages.

Carlton G. Springer, Sr., as Administrator of the Estate of Bettie I. Springer, Deceased v. Charles Ray Bryant and Tennessee Valley Authority · filed 1990-04-02

As we observed in ... Alabama courts have treated the damages awardable under the Alabama Wrongful Death Statute as being solely punitive in nature. ... We are bound by this judicial construction of the purpose and function underlying Alabama’s wrongful death statute and, finding no evidence of Congressional intent to the contrary, are thus compelled to follow ... and conclude that an Alabama wrongful death action may not lie against the TVA.

Section 6-5-410 permits only punitive damages in wrongful death actions.

Cain v. Armstrong World Industries · filed 1992-02-18

Only punitive damages are recoverable under Alabama’s wrongful death statute, Ala.Code § 6-5-410 (1975).

Section 6-5-410 permits only punitive damages for wrongful death.

Owens-Corning Fiberglas Corporation v. Hurley · filed 1996-02-14

Under Alabama's unusual wrongful-death statute, only punitive damages are recoverable in claims of wrongful death.

Section 6-5-410 does not allow compensatory damages for wrongful death claims.

Owens-Corning Fiberglas Corp. v. Wasiak · filed 1996-04-17

Under Alabama's unusual wrongful-death statute, compensatory damages are not recoverable for claims of wrongful death.

Section 6-5-410 does not allow compensatory damages for wrongful death.

Owens-Corning Fiberglas Corp. v. Malone · filed 1998-08-25

Alabama law does not authorize recovery of compensatory damages for wrongful death claims. See Cherokee Elec. Coop. v. Cochran, 706 So.2d 1188, 1193 (Ala.1997)(citing ALA. CODE § 6-5-410 and holding that Alabama law does not allow recovery of compensatory damages in wrongful death cases).

Section 6-5-410 limits wrongful-death recovery to punitive damages within the jury’s sound and honest discretion.

Roe v. Michelin North America, Inc. · filed 2009-07-28

Wrongful death claims in Alabama are governed by 1975 Ala.Code § 6-5-410. Recovery is limited to punitive damages, which “are within the sound and honest discretion of the jury.”

Section 6-5-410 permits punitive damages for wrongful death caused by mere negligence; those damages remain punitive.

In re Old Carco LLC · filed 2018-11-01(a)

That punitive damages can be recovered under the Wrongful Death Act based on mere negligence does not change their punitive nature.

Section 6-5-410 permits only punitive damages for wrongful death, to punish and deter rather than compensate.

Overton v. FCA U.S. LLC. (In re Old Carco LLC) · filed 2019-05-31(a)

It is clear that damages under the Wrongful Death Act are punitive damages, meant to punish and deter rather than to compensate.

Section 6-5-410(a) permits only punitive damages for wrongful death, intended to punish and deter rather than compensate.

In Re: Old Carco LLC · filed 2019-05-31(a)

It is clear that damages under the Wrongful Death Act are punitive damages, meant to punish and deter rather than to compensate.

Section 6-5-410 provides punitive damages for wrongful death to punish and deter, rather than to compensate.

In Re: Old Carco LLC · filed 2020-05-20(a)

Alabama courts, however, long ago established and have consistently since held that damages under the AWDA are punitive, as they are intended to punish and deter, not compensate.

Section 6-5-410 permits only punitive damages for wrongful death, measured by the wrongdoer’s conduct rather than the decedent’s value or the family’s loss.

Blackmon v. Bracken Construction Company, Inc. · filed 2020-11-16

Indeed, Alabama only permits the recovery of punitive damages, and jurors are told to consider only the tortfeasor’s wrongdoing; they are specifically instructed not to consider the pecuniary value of the decedent's life or the need to compensate the decedent's family.

Section 6-5-410 permits recovery of wrongful-death damages upon proof of simple negligence, even though Alabama calls those damages punitive.

Lor, Inc. v. Cowley · filed 1994-07-22

Therefore, "punitive" damages, as that term is used in relation to the Act, can be recovered, inter alia, upon proof of simple negligence.

Section 6-5-410 permits wrongful death damages upon proof of simple negligence, even though those damages are treated as punitive.

Lor, Inc. v. Seumas Iain Cowley, as Representative of Those Certain Underwriters at Lloyd's, London · filed 1994-08-22

Therefore, “punitive” damages, as that term is used in relation to the Act, can be recovered, ... upon proof of simple negligence.

Section 6-5-410 provides a supplemental punitive damages remedy for maritime wrongful death claims; maritime law supplies the standard for liability.

Paulk v. Tennessee Valley Authority · filed 2025-01-06

As shown in the blue highlighting, the role of Alabama’s wrongful death statute is limited to providing the supplemental remedy, not the legal standard.

Section 6-5-410 provides the exclusive wrongful-death action and permits recovery of punitive damages only.

Jones v. Hawker Beechcraft Corp. · filed 2014-01-22

Under Alabama law, Jones and Fisk can maintain against Hawker Beechcraft only a wrongful-death action under Ala.Code § 6-5-4101 and may recover only punitive damages in connection with that claim.

Section 6-5-410 does not permit recovery of loss of society damages in a wrongful death action.

Tucker v. Frank Edward Fearn, Judy Fearn · filed 2003-06-10

However, such recovery is not provided for by that statute either.

Section 6-5-410 allows punitive damages based on the defendant's wrongdoing and the need for deterrence; the trier of fact cannot consider the deceased's pecuniary value.

Maryland Cas. Co. v. Tiffin · filed 1988-12-02

The amount must be related to the degree of the wrongdoing on the part of the defendants and the necessity of preventing similar wrongs in the future; and if the action is brought under the Alabama Wrongful Death Act, Ala.Code 1975, § 6-5-410, the trier of fact cannot consider the pecuniary value of the life of the deceased, for such damages are not to compensate the family of the deceased on account of the death or to compensate for the pecuniary loss sustained by the family on account of the death.

Section 6-5-410 allows a personal representative to recover only punitive damages for wrongful death.

Smith v. Brownfield · filed 1989-11-09

Likewise, Ms. Brownfield's action against Smith was brought under the Alabama Wrongful Death Statute (Ala.Code 1975, § 6-5-410), which allows a personal representative to recover "such damages as a jury may assess ... for the wrongful act, omission, or negligence of any person ..., whereby the death of his testator or intestate was caused...." The damages are punitive damages only.

Section 6-5-410 allows only punitive damages in wrongful death actions, including actions based on negligence.

Alabama Power Co. v. Turner · filed 1991-01-11

In Alabama, only punitive damages are available in wrongful death actions, and these damages may be awarded against a defendant based on its negligent conduct.

Section 6-5-410 provides punitive damages for wrongful death rather than compensatory damages.

Barnes v. Oswalt · filed 1991-04-11

We recognize that damages under personal injury actions and wrongful death actions differ. In personal injury actions damages are compensatory in nature, while damages in wrongful death actions are punitive in nature.

Section 6-5-410 does not permit apportionment of wrongful death damages among alleged joint tort-feasors sued in a single action for an indivisible injury.

Rose v. Rogers · filed 1993-08-27

In Black Belt Wood Co. v. Sessions, 514 So.2d 1249 (Ala.1986), this Court reaffirmed a long-standing interpretation of the wrongful death statute, Ala.Code 1975, § 6-5-410, as providing for no apportionment of damages among joint tort-feasors for an indivisible injury. ... Given the foregoing, we agree with the trial court that there could be no apportionment of damages in this case, and we affirm its judgment in favor of Dr. Rogers.

Section 6-5-410 permits only punitive damages for wrongful death and does not allow a jury to apportion those damages among joint tort-feasors.

Campbell v. Williams · filed 1994-02-18

We have long held that nothing in the wrongful death statute authorizes a jury to apportion damages among joint tort-feasors and that the statute does not recognize degrees of culpability among joint tort-feasors.

Section 6-5-410 does not provide for apportionment of wrongful death damages among joint tort-feasors.

Lemond Const. Co. v. Wheeler · filed 1995-09-29

However, this Court has repeatedly held that the general wrongful death statute, § 6-5-410, does not provide for apportionment of damages among joint tort-feasors.

Section 6-5-410 allows a workers' compensation insurer suing under § 25-5-11(d) to seek punitive wrongful death damages exceeding its subrogation interest.

Ex Parte Cincinnati Ins. Co. · filed 1997-02-28(a)

Section 25-5-11(d) did not create a new cause of action in addition to the one created by § 6-5-410; rather, it gave workers' compensation insurance carriers, such as Cincinnati, that have paid death benefits a right to commence an action under § 6-5-410. Thus, the damages to be assessed against the tortfeasor in such an action are the punitive damages recoverable in a § 6-5-410 wrongful death action. ... Accordingly, we conclude that Cincinnati had a clear legal right to seek punitive damages in its wrongful death action against Brookwood Medical Center, Royal Cup, and Mr. Culpepper, even though the damages awarded may exceed the amount of Cincinnati's subrogation interest.

Section 6-5-410 authorizes punitive damages, but not compensatory damages, in wrongful death actions.

Cherokee Elec. Co-Op. v. Cochran · filed 1997-12-12

The determination of damages in wrongful death cases is governed by § 6-5-410, Ala.Code 1975, which authorizes punitive damages but does not authorize compensatory damages.

Section 6-5-410 authorizes punitive damages for wrongful death but does not authorize compensatory damages.

McKowan v. Bentley · filed 1999-08-27

The determination of damages in wrongful-death cases is governed by § 6-5-410, which authorizes punitive damages, but does not authorize compensatory damages.

Section 6-5-410(a) allows only punitive damages in wrongful death actions.

Tillis Trucking Co., Inc. v. Moses · filed 1999-11-12(a)

Whether we say that the ratio factor does not apply, as we said in Cherokee Electric, or that it applies in principle without mathematical application, the first "guidepost" from BMW v. Gore does not require this Court to overturn more than a century of precedent based on law awarding only punitive damages in wrongful-death actions.

Section 6-5-410 allows only punitive damages for wrongful death; a settlement of that claim does not compensate pecuniary losses.

Roberts v. State · filed 2002-11-22

Unlike the remedial and rehabilitative purposes underlying restitution in criminal cases, civil damages for wrongful death serve only the purposes of punishing the wrongdoer and deterring others from engaging in similar conduct. In Alabama, damages awarded in a civil wrongful-death action do not compensate.

Section 6-5-410 does not permit recovery of medical expenses in a wrongful-death action.

Trott v. Brinks, Inc. · filed 2007-05-04

To deny "subrogation" in this instance would not cause Trott to "recover twice for a single injury" because medical expenses are not recoverable in a wrongful-death action.

Section 6-5-410 provides entirely punitive damages for wrongful-death claims, making those claims unliquidated until their amount is determined.

Bishop v. Chilton County · filed 2008-01-18

Thus, a claim brought under the Alabama Wrongful Death Act, § 6-5-410, Ala.Code 1975, where the damages are entirely punitive, "imposed for the preservation of human life," Eich v. Town of Gulf Shores, 293 Ala. 95, 98, 300 So.2d 354, 356 (1974), and not for the purpose of compensation, McKowan v. Bentley, 773 So.2d 990, 998 (Ala.1999), is the paradigmatic unliquidated claim.

Section 6-5-410 permits punitive damages for wrongful death, but not compensatory damages.

Farley v. Tarrant, City of · filed 2021-01-25

To the extent that she requests an award of compensatory damages in those counts, the Court strikes the requests because a wrongful death plaintiff who proves her claims may recover only punitive damages under Alabama law.

Section 6-5-410 provides for punitive damages that cannot be apportioned among joint tortfeasors, and it provides no right to indemnity or contribution in a wrongful-death case.

JohnsonKreis Construction Company, Inc. v. Howard Painting, Inc.; Auto-Owners Insurance Company; and Owners Insurance Co · filed 2025-03-21

It is true, as Owners argues, that the damages available on a wrongful-death claim under Alabama law are punitive in nature and that a wrongful-death plaintiff is entitled to a single recovery that "cannot be apportioned [by a jury] among joint tort-feasors," i.e., neither Alabama's wrongful-death statute, see § 6-5-410, Ala. Code 1975, nor our common law provides for indemnity or contribution in a wrongful-death case.

Section 6-5-410 does not provide for indemnity or contribution in a wrongful-death case, but parties may agree to indemnity by contract.

Cincinnati Insurance Company v. Howard Painting, Inc.; Auto-Owners Insurance Company; and Owners Insurance Company (Appe · filed 2025-03-21

It is true, as Owners argues, that the damages available on a wrongful-death claim under Alabama law are punitive in nature and that a wrongful-death plaintiff is entitled to a single recovery that "cannot be apportioned [by a jury] among joint tort-feasors," i.e., neither Alabama's wrongful-death statute, see § 6-5-410, Ala. Code 1975, nor our common law provides for indemnity or contribution in a wrongful-death case.

A personal representative must arbitrate a § 6-5-410 wrongful death claim when a valid arbitration agreement bound the decedent, even if the representative did not sign it.

Entrekin v. Internal Medicine Associates of Dothan, P.A. · filed 2012-08-09(a)

For that reason, the agreement that Entrekin signed binds the executor of her estate to arbitrate the wrongful death claim, and the district court should have compelled arbitration.

Section 6-5-410 allows a § 1983 claim to be asserted through Alabama’s wrongful death statute when a constitutional violation causes the injured party’s death.

Estate of Gilliam Ex Rel. Waldroup v. City of Prattville · filed 2011-04-26

Second, when a constitutional violation actually causes the injured party’s death, a § 1983 claim can be asserted through the Alabama wrongful death statute, Ala. Code. § 6-5-410.

Section 6-5-410 allows a § 1983 claim to be brought through Alabama’s wrongful death statute when the alleged constitutional violation caused the injured person’s death.

Harris v. Hall · filed 2022-06-21

However, if it is alleged that a constitutional violation actually causes the injured person’s death, a § 1983 claim can be asserted through the Alabama wrongful death statute, Ala. Code § 6-5-410.

Section 6-5-410 permits a decedent’s § 1983 claim to proceed when the alleged constitutional violation caused the decedent’s death.

Brown v. Dunn · filed 2024-12-19(a)

Here, as already discussed, defendants’ constitutional violation allegedly proximately caused decedent’s death; therefore plaintiff may use Alabama’s wrongful-death statute to resolve the deficiency and resurrect decedent’s § 1983 Eighth Amendment claim.

Section 6-5-410 governs the survival of § 1983 wrongful death claims in Alabama and is not inconsistent with federal law.

City of Tarrant v. Jefferson · filed 1996-07-12

This Court held in Carter that § 6-5-410, Ala. Code 1975, is not inconsistent with the Constitution and laws of the United States. We reaffirmed that holding in Blair v. City of Rainbow City, 542 So.2d at 275 (Ala.1989). We have re-examined the principles of law stated in Carter and Blair, and we conclude that the holding in those cases is still sound.

Section 6-5-410 cannot provide punitive damages for simple negligence or prohibit apportionment of fault and damages among joint tortfeasors in these maritime wrongful death claims.

Altosino v. Warrior & Gulf Navigation Co. · filed 1997-09-11(a)

Accordingly, as the federal maritime interests present in this action outweigh Alabama’s interests in having its wrongful death statute apply in its entirety, we hold that the district court erred in applying the Alabama wrongful death statute to the wrongful death claims in this action insofar as such Alabama statute provides for the recovery of punitive damages for simple negligence only and prohibits apportionment of fault and damages among joint tortfeasors.

Section 6-5-410(a) does not allow a personal representative to pursue a decedent’s property damage claims unrelated to the death.

Abrams v. CIBA SPECIALTY CHEMICALS CORP. · filed 2009-10-02(a)

Of course, Chestang’s property damage claims against defendants herein do not sound in wrongful death or have any conceivable nexus to the circumstances of his demise; therefore, plaintiffs cannot rely on this exception to skirt Alabama’s general bar on a personal representative’s ability to bring unfiled tort claims on behalf of a decedent or his estate.

A constitutional challenge to punitive damages under § 6-5-410 cannot be raised for the first time on appeal.

Alabama Power Co. v. Courtney · filed 1988-11-18

The constitutionality of the imposition of punitive damages under the wrongful death statute can not be raised for the first time on appeal.

Section 6-5-410 does not restrict a wrongful death action to a county where the decedent could have sued; the personal representative’s residence can determine venue.

Ex Parte W.S. Newell, Inc. · filed 1990-09-28

The rule proposed by Newell would not only require us to read the two sections in pari materia, but would require us to substitute "the deceased" in § 6-5-410 for "the plaintiff" in § 6-3-7. ... Because we do not believe the legislature intended this anomaly, we decline to adopt such a rule.

A dependent who receives workers' compensation death benefits cannot avoid the carrier's reimbursement right by filing a wrongful death action under § 6-5-410.

Millers Mut. Ins. Ass'n v. Young · filed 1992-07-24

We cannot accept that argument. We do not believe that the legislature intended to permit a dependent to collect death benefits from a workmen's compensation carrier, and then to deny the carrier the right to be reimbursed for the amounts paid by reason of the death of the employee. To hold otherwise would permit a dependent to accept workmen's compensation benefits and then to circumvent the insurance carrier's right to reimbursement by filing the action under § 6-5-410 rather than under § 25-5-11.

Section 6-5-410 is the sole remedy for tortious death and bars damages arising after death and punitive damages in a related personal injury claim based on the same act.

King v. National Spa and Pool Institute · filed 1992-10-16

However, because § 6-5-410 remains the sole remedy for the tortious infliction of death in this state, it provides a terminus for any other damages claim that might otherwise extend beyond the instant of death. Because § 6-5-410 provides for punitive damages for the act causing death, it also displaces any claim for punitive damages in the personal injury action based on the same act.

A wrongful death action under § 6-5-410 does not bar a spouse's separate claim for loss of consortium arising between the injury and death.

Zimmerman v. Lloyd Noland Foundation · filed 1991-05-31

Based on the foregoing, we conclude that because Mr. Zimmerman's claim for loss of consortium was independent of either Ms. Zimmerman's personal injury action or the wrongful death action, the trial court erroneously dismissed the consortium claim.

Section 6-5-410 does not require a plaintiff to elect between a wrongful death claim and an alternative personal injury survival claim before trial, though the plaintiff cannot recover damages on both.

Ex Parte King · filed 1991-12-13

Therefore, while reading § 6-5-440 in pari materia with the survival statute and the wrongful death statute would prohibit an award of damages in King's favor on both the wrongful death claim and the personal injury survival claim, see Mattison v. Kirk, 497 So.2d 120 (Ala.1986), we hold that the provisions of those statutes do not require King to make an election at this stage in the course of the pending litigation as to which of the alternative claims alleged in her complaint she will pursue at trial.

Section 6-5-410 provides a single wrongful-death claim; allegations of negligence, products liability, and breach of warranty may be theories supporting that claim.

Sledge v. Ic Corporation · filed 2010-04-02

However, those counts are not separate claims. Instead, Sledge can maintain an action against ITEC and IC only under Ala.Code 1975, § 6-5-410, for wrongful death, which she specifically alleged in count XV of the complaint.

Section 6-5-410 provides a single wrongful-death claim; different legal theories based on the death are variations of that claim.

Hosford v. BRK Brands, Inc. · filed 2016-08-19

However, although the plaintiffs’ complaint asserted several claims against BRK based on Nevaeh’s death, those claims are effectively just variations of' a single wrongful-death claim. ... Instead, [the plaintiff] can maintain an action against [the defendants] only under § 6-5-410, Ala.Code 1975, for wrongful death, which she specifically alleged in count XV of the complaint.

Section 6-5-410 makes the personal representative the client for a wrongful-death claim, which an attorney with proper authority may negotiate and settle on the representative's behalf.

Robert Bowers, Jr., personal representative of the Estate of Charles Lewis Evans v. BBH SBMC, LLC, d/b/a Shelby Baptist · filed 2023-12-01

Alabama's wrongful-death statute, § 6-5-410, Ala. Code 1975, makes the personal representative of an estate the "client" for purposes of § 34-3-21, and an attorney, with the proper authority, has the ability to negotiate and settle claims on behalf of a personal representative.

Section 6-5-410 permits vicarious punitive liability for an agent’s negligent conduct causing death without violating due process or equal protection.

Boudreaux v. Pettaway · filed 2012-09-28

Accordingly, the application of Alabama’s wrongful-death statute denied the defendants neither due process nor equal protection of the law, and, as to that argument, the trial court did not exceed its discretion in denying them a new trial.

Section 6-5-410 does not permit a wrongful-death claim based on breach of warranty.

Alabama Powersport Auction, LLC v. Wiese · filed 2013-11-08

We answer the second part of this question in the negative: Sledge does not overrule Geohagan and a breach-of-warranty claim cannot be maintained under Alabama’s wrongful-death statute.