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Wrongful Death Attorney
in North Alabama

When negligence takes someone you love, you deserve answers, accountability, and justice. DeFatta Law Firm stands beside families across North Alabama through every step of the process.

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Wrongful Death Law in Alabama

Compassionate Legal Representation for Grieving Families

Experiencing the loss of a cherished spouse, child, or parent due to the negligence of another is profoundly devastating. While we understand that no amount of legal action can replace your loved one, our wrongful death attorney in Huntsville, AL, is committed to assisting you in holding the responsible party accountable for their actions and seeking compensation for your loved one's estate.

At DeFatta Law Firm, we approach every wrongful death case with both compassion and tenacity. We know that your family is going through one of the most difficult times imaginable. Our role is to shoulder the legal burden so you can focus on healing and honoring your loved one's memory — while we fight relentlessly for justice on your behalf.

With over 15 years of experience handling complex personal injury and wrongful death cases throughout Huntsville, Athens, Decatur, and all of North Alabama, Phil DeFatta has the knowledge and determination to take on insurance companies, corporations, and negligent individuals — and win.

Talk to an Attorney Today

Wrongful death claims have strict deadlines in Alabama. Don't wait — contact us now for a free, confidential consultation.

256.257.4674 Free Consultation
  • No fees unless we win your case
  • Free, confidential consultation
  • 15+ years of experience
  • Serving all of North Alabama
  • Available 24 hours a day, 7 days a week
Understanding Alabama Law

What Constitutes "Wrongful Death" in Alabama?

In Alabama, wrongful death is legally defined as the result of a person or corporation causing the death of another individual through a "wrongful act, omission, or negligence." Essentially, a wrongful death claim is applicable in situations where the deceased could have pursued a personal injury claim had they survived.

A wrongful death claim can also be pursued in cases of intentional harm. Notably, these lawsuits fall under civil court jurisdiction, allowing you to initiate a claim even if criminal charges were not filed or if the responsible party was acquitted.

Common Causes of Wrongful Death

Wrongful death claims can arise from a wide range of situations involving another party's negligence or wrongful conduct:

🚗 Car Accidents
🏍️ Motorcycle Accidents
🚛 Truck Accidents
🏥 Medical Malpractice
⚠️ Defective Products
🔧 Workplace Accidents
Alabama Wrongful Death Law

Who Can Initiate a Wrongful Death Claim in Alabama?

According to Alabama law, the right to file a wrongful death lawsuit rests with the executor of the deceased's estate, rather than the surviving family members alone. However, the executor can act on behalf of the family, and the law does not prohibit a family member from serving as the executor.

This is an important distinction that often surprises families. If you are not currently named as the executor of your loved one's estate, we can help you understand your options and guide you through the process of establishing the proper legal standing to pursue your claim.

What You Can Recover

Recovery in an Alabama Wrongful Death Lawsuit

Alabama's legal landscape is distinct in that it does not permit compensatory damages in wrongful death lawsuits. This includes compensation for medical bills, funeral expenses, lost income, emotional distress, and loss of companionship. Instead, punitive damages — intended to penalize the wrongdoer and deter similar behavior — are allowed. The amount of punitive damages is contingent on the level of negligence, as determined by the court.

These damages are not considered part of the estate but are directed to the estate, bypassing the deceased's will or trust. They are distributed in accordance with Alabama's intestacy laws, governing estate division when there is no will.

While Alabama's wrongful death statute is unique, it can still result in substantial awards for your family. Phil DeFatta has the experience to build a compelling case that maximizes the punitive damages award for your loved one's estate.

Act Quickly

Timeframe for Filing a Wrongful Death Claim in Alabama

To be eligible for damages, a wrongful death claim must be filed within two years of the individual's death. However, deadlines may vary — especially if the claim involves a city or county government entity, in which case the deadline can be significantly shorter.

Acting promptly enhances the likelihood of a successful claim. Evidence can be lost, witnesses' memories fade, and important documentation can become unavailable over time. We strongly advise consulting with a seasoned wrongful death attorney as soon as possible after your loss — even while you are still grieving. We will handle everything so you don't have to.

Our Process

What to Expect When You Work With Us

1

Free Consultation

Call or contact us any time. We listen, answer your questions, and explain your legal options — at no cost to you.

2

Investigation

We gather evidence, consult experts, and build the strongest possible case on your family's behalf.

3

Negotiation

We aggressively negotiate with insurance companies and opposing counsel to seek maximum accountability.

4

Resolution

Whether through settlement or trial, we fight to secure justice for your family — you pay nothing unless we win.

Why DeFatta Law Firm

How DeFatta Law Firm Can Assist with a Wrongful Death Lawsuit

If your loved one's passing resulted from another party's negligence, leaving you grappling with financial challenges and a profound sense of injustice, DeFatta Law Firm is here to help. Our compassionate team understands the difficulties you face and is dedicated to managing the legal aspects — allowing you to focus on moving forward and healing.

01

Experienced Wrongful Death Attorneys

Phil DeFatta has 15+ years handling Alabama personal injury and wrongful death cases. He knows the law, the courts, and how to win.

02

Compassionate, Client-First Approach

We treat every family with the care and respect they deserve. You're never just a case number — we're personally invested in your outcome.

03

No Fee Unless We Win

You pay nothing upfront and owe us nothing unless we recover compensation for your family. There is zero financial risk to you.

04

Available When You Need Us

We are available 24 hours a day, 7 days a week. Grief doesn't keep office hours, and neither do we.

"Trust us to navigate the complexities of your case and work tirelessly to secure the compensation your family rightfully deserves in the wake of your loved one's wrongful death."

— Phil DeFatta, DeFatta Law Firm
15+ Years of Experience
Serving North Alabama families
Fast Response Times
We respond quickly to every inquiry
No Win, No Fee
Zero financial risk to your family
Flowers on a grave — wrongful death attorney in North Alabama
Our Services

We Handle All Types of Serious Injury Cases

DeFatta Law Firm represents injury victims and grieving families across North Alabama in a wide range of practice areas. No matter what type of accident or negligence caused your loss, we are here to fight for you.

Wrongful Death Car & Truck Wrecks Motorcycle Accidents Workers' Compensation Slip & Fall Dog Bites Nursing Home Abuse
Common Questions

Wrongful Death FAQs

We know you have questions during this difficult time. Here are answers to some of the most common questions families ask about wrongful death claims in Alabama.

What is the difference between a wrongful death claim and a criminal case? +
A wrongful death claim is a civil lawsuit, completely separate from any criminal proceedings. You can file a wrongful death claim even if no criminal charges were filed or if the responsible party was found not guilty in a criminal trial. The burden of proof in a civil case is lower than in a criminal case, which means you may still be able to recover damages even when a criminal conviction wasn't possible.
Who has the right to file a wrongful death lawsuit in Alabama? +
Under Alabama law, only the executor or personal representative of the deceased's estate has the legal right to file a wrongful death lawsuit. This person acts on behalf of the surviving family members. A family member can serve as the executor. If no executor has been appointed, we can help you navigate the process of establishing the proper legal standing.
How long do I have to file a wrongful death claim in Alabama? +
In Alabama, the statute of limitations for wrongful death claims is generally two years from the date of death. However, this deadline can be shorter if the claim involves a governmental entity such as a city or county. We strongly encourage you to contact DeFatta Law Firm as soon as possible, because evidence can be lost and witnesses' recollections fade over time.
What types of damages are available in Alabama wrongful death cases? +
Alabama has a unique wrongful death statute. Unlike most states, Alabama does not allow compensatory damages (such as medical bills, funeral costs, or lost income). Instead, only punitive damages are available, which are intended to punish the wrongdoer. The amount is determined by the level of negligence found by the court. These damages go to the estate and are distributed according to Alabama's intestacy laws.
How much does it cost to hire a wrongful death attorney at DeFatta Law Firm? +
There is no upfront cost. DeFatta Law Firm handles wrongful death cases on a contingency-fee basis, which means you owe us nothing unless we win your case. Your initial consultation is completely free and confidential. We believe every family deserves access to quality legal representation regardless of their financial situation.
Can I still file a wrongful death claim if my loved one was partly at fault? +
Alabama follows a strict contributory negligence rule, which can affect claims where the deceased bore any responsibility for the incident. This makes it critically important to have an experienced attorney who can build the strongest possible case and counter any claims that your loved one contributed to the accident. Contact us for a free consultation to discuss the details of your specific situation.

We Are Ready to Fight for Your Family

If you have lost a loved one due to another party's negligence, don't wait. Contact DeFatta Law Firm today for a free, confidential consultation. We don't get paid unless we win — there is nothing to lose by calling.

256.257.4674 Call Now — Free Consultation