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What Is the Statute of Limitations for Wrongful Death in Alabama?

In Alabama, the statute of limitations for wrongful death is generally 2 years under Ala. Code § 6-2-38(a).

2 YEARS
Wrongful Death · Alabama
✓ Verified Checked Sep 2026

Wrongful death Deadlines in Alabama

How long do you have to file a wrongful death claim in Alabama?

In Alabama, the statute of limitations for wrongful death is generally 2 years under Ala. Code § 6-2-38(a).

When does the clock start for wrongful death in Alabama?

Two years from the death.

Can the Alabama deadline for wrongful death be extended?

Section 6-2-14 excludes up to six months between death and the grant of letters testamentary from the computation. Alabama wrongful death is unusual nationally in permitting only punitive damages.

Is the deadline different if the claim is against the government in Alabama?

Often, yes. Sworn claim to a municipality within 6 months under Ala. Code §§ 11-47-23, 11-47-192. Alabama requires claims against a municipality to be presented within six months of accrual under § 11-47-23, and personal injury claims within six months under § 11-47-192. Counties have their own presentment rules. These sit on top of the ordinary limitation…

How does Alabama compare to other states for wrongful death?

Alabama's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in Alabama:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in Alabama

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Alabama attorney can tell you the deadline that applies to your situation.
See every filing deadline in Alabama, or compare wrongful death across all states.
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