Family members may receive damages won in a wrongful death case in Alabama, but according to state law, they cannot file the claim. This must be done by the personal representative of the deceased person’s estate, also known as the executor or administrator. If the decedent created a will or estate plan prior to death, this document may name a personal representative. If not, the courts will appoint one before a wrongful death lawsuit is filed.
There is an exception if the deceased person is a minor (defined in Alabama as someone under the age of 19). In this case, the law gives the victim’s parents six months from the date of death to file a wrongful death of action. This can include a mother, father, adoptive parent or legal guardian. After six months have passed from the date of death, a personal representative acting on behalf of the minor must file the claim instead.