Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In Alabama, wrongful death claims are governed by the Alabama Wrongful Death Statute (Ala. Code §§ 6-5-391 et seq.). This statute allows the personal representative of the deceased person's estate to file a wrongful death lawsuit. Unlike many other states, Alabama law does not permit the recovery of compensatory damages, such as lost wages or medical expenses, in wrongful death cases. Instead, the state focuses on punitive damages, which are intended to punish the wrongdoer and deter similar conduct in the future. The damages awarded are not paid to the estate but are distributed according to the state's laws of intestacy, which typically benefit the deceased's heirs, such as the surviving spouse, children, or parents. It is important to note that in Alabama, wrongful death claims must be filed within two years of the date of the deceased person's death, as per the statute of limitations.