Personal Injury/ Wrongful Death
In Alabama, only a personal representative may bring a wrongful death action. ALA CODE § 6-5-410. A personal representative may commence such an action in order to recover damages as a jury may assess in a court of competent jurisdiction within the state of Alabama. An action must be commenced within two years from and after the death of the testator (decedent who died with a will) or intestate (without a will). For a wrongful death action, the action may only be filed in a county where the deceased could have commenced an action for the alleged wrongful act. Any damages recovered are not subject to the payment of the debts or liabilities of the decedent, but must be distributed according to the statute of distributions. ALA CODE § 6-5-411.
Similar to a wrongful death action, ALA. CODE § 25-6-3 allows a personal representative to recover when an employee is killed. Any damages recovered by the estate’s personal representative are not subject to the payment of debts or liabilities, but must be distributed according to the statute of descent and distributions.
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