Code of Alabama
Ala. Code § 6-5-410 (2026)
Wrongful Act, Omission, or Negligence Causing Death.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or her or their servants or agents, whereby the death of the testator or intestate was caused, provided the testator or intestate could have commenced an action for the wrongful act, omission, or negligence if it had not caused death.
(b) The action shall not abate by the death of the defendant, but may be revived against his or her personal representative and may be maintained though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence.
(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.
(d) The action must be commenced within two years from and after the death of the testator or intestate.
(e) For any cause of action brought pursuant to this section, the action may only be filed in a county where the deceased could have commenced an action for the alleged wrongful act, omission, or negligence pursuant to Section 6-3-2 or 6-3-7, if the alleged wrongful act, omission, or negligence had not caused death. Nothing in this subsection is intended to override Rule 82 of the Alabama Rules of Civil Procedure.
(f) This section shall only apply to actions filed after June 9, 2011.
(Code 1852, §§1940, 1941; Code 1867, §§2299, 2300; Code 1876, §§2641-2643; Code 1886, §2589; Code 1896, §27; Code 1907, §2486; Acts 1911, No. 455, p. 484; Code 1923, §5696; Code 1940, T. 7, §123; Act 2011-522, p. 838, §§1, 2.)
Notes of Decisions
Cited in 259
cases (49 in the last 5 years), 1978–2026 · leading case: Northstar Anesthesia of Alabama, LLC v. Noble, 215 So. 3d 1044 (Ala. 2016).
Northstar Anesthesia of Alabama, LLC v. Noble, 215 So. 3d 1044 (Ala. 2016). “2d at 982 (“One who sues under [Ala.Code 1975, § 6-5-410,] without having been appointed executor or administrator does not qualify under this section as a personal representative, and the suit is a nullity.”
Alvarado v. Est. of Kidd, 205 So. 3d 1188 (Ala. 2016). “Therefore, the Court in Wood concluded that “the relation-back provision in § 43-2-831 does not apply to a wrongful-death action brought under § 6-5-410,” 47 So.3d at 1217 . Thus, the Court in Wood , distancing itself from certain language in Ogle , removed § 43-2-831 as a…”
Henderson v. MeadWestvaco Corp., 23 So. 3d 625 (Ala. 2009). “This Court consented to answer the following question presented by the Southern District: "`Whether the inability of the decedent to [commence] a personal injury action in the State of Alabama prior to the time of death precludes amendment of his existing personal injury action…”
King v. Nat'l Spa & Pool Inst., 607 So. 2d 1241 (Ala. 1992). “King then amended the original complaint to add a wrongful death claim under Ala.Code 1975, § 6-5-410, against all defendants.”
Affinity Hosp., L.L.C. v. Williford, 21 So. 3d 712 (Ala. 2009). “On July 23, 2007, Williford filed a wrongful-death action under Ala.Code 1975, § 6-5-410, in the Jefferson Circuit Court against Affinity Hospital, L.”
Wood v. Wayman, 47 So. 3d 1212 (Ala. 2010). “[1] In their motion, the physicians argued that under § 6-5-410, Ala.Code 1975, only a personal representative of the estate of a decedent may pursue a wrongful-death action.”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988). “by these certified questions, and in our opinion we wrote, as follows: "One basic question is presented on this review: "Should this Court change its longstanding rule that there can be no apportionment of damages among joint tortfeasors, especially in death cases where this…”
Cofer v. Ensor, 473 So. 2d 984 (Ala. 1985). “he wrongful death of the minor child? Stated differently, and perhaps more precisely as to the dispositive questions involved, is the two-year limitations period found in § 6-2-38(a), applicable to § 6-5-391, a technical statute of limitations, and thus subject to the tolling…”
Bessie Kirksey v. Iris Johnson, 166 So. 3d 633 (Ala. 2014). “2009), this Court held that, in maintaining a wrongful-death action, a plaintiff was "acting in her capacity as an administrator ad litem, was a 'personal representative' within the meaning of Ala. Code 1975, § 6-5-410, and was, therefore, vested with the authority conferred by…”
Pace v. Armstrong World Indus., Inc., 578 So. 2d 281 (Ala. 1991). “nce these facts present a case of first impression, we consented to answer the following certified question: "Whether the inability of the decedent to [commence] a personal injury action in the State of Alabama prior to the time of death precludes amendment of his existing…”
Est. of Gilliam Ex Rel. Waldroup v. City of Prattville, 639 F.3d 1041 (11th Cir. 2011). “The state law wrongful death claims under Ala.Code § 6-5-410, and the § 1983 excessive force claims alleging that death was the result of the use of force, were both dismissed at the summary judgment stage because the Estate produced no admissible evidence *1045 that the…”
Alabama Power Co. v. Turner, 575 So. 2d 551 (Ala. 1991). “Equal Protection Additionally, Alabama Power contends that the exception of wrongful death actions from Ala.Code 1975, §§ 6-5-410 and -411, violates its equal protection rights under the Fourteenth Amendment.”
— Ala. Code § 6-5-410(1993) — 1 case
Altosino v. Warrior & Gulf Navigation Co., 121 F.3d 1421 (11th Cir. 1997).
— Ala. Code § 6-5-410(a) — 36 cases
Henderson v. MeadWestvaco Corp., 23 So. 3d 625 (Ala. 2009). “This Court consented to answer the following question presented by the Southern District: "`Whether the inability of the decedent to [commence] a personal injury action in the State of Alabama prior to the time of death precludes amendment of his existing personal injury action…”
Pace v. Armstrong World Indus., Inc., 578 So. 2d 281 (Ala. 1991). “nce these facts present a case of first impression, we consented to answer the following certified question: "Whether the inability of the decedent to [commence] a personal injury action in the State of Alabama prior to the time of death precludes amendment of his existing…”
King v. Nat'l Spa & Pool Inst., 607 So. 2d 1241 (Ala. 1992). “King then amended the original complaint to add a wrongful death claim under Ala.Code 1975, § 6-5-410, against all defendants.”
Affinity Hosp., L.L.C. v. Williford, 21 So. 3d 712 (Ala. 2009). “On July 23, 2007, Williford filed a wrongful-death action under Ala.Code 1975, § 6-5-410, in the Jefferson Circuit Court against Affinity Hospital, L.”
Bessie Kirksey v. Iris Johnson, 166 So. 3d 633 (Ala. 2014). “2009), this Court held that, in maintaining a wrongful-death action, a plaintiff was "acting in her capacity as an administrator ad litem, was a 'personal representative' within the meaning of Ala. Code 1975, § 6-5-410, and was, therefore, vested with the authority conferred by…”
— Ala. Code § 6-5-410(c) — 10 cases
Bessie Kirksey v. Iris Johnson, 166 So. 3d 633 (Ala. 2014). “2009), this Court held that, in maintaining a wrongful-death action, a plaintiff was "acting in her capacity as an administrator ad litem, was a 'personal representative' within the meaning of Ala. Code 1975, § 6-5-410, and was, therefore, vested with the authority conferred by…”
Briarcliff Nursing Home, Inc. v. Turcotte, 894 So. 2d 661 (Ala. 2004).
Rodgers v. McElroy, 141 So. 3d 1038 (Ala. 2013).
Sprouse v. Hawk, 574 So. 2d 754 (Ala. 1990).
Thomas Arthur Entrekin v. Internal Med. Assocs. of Dothan, P.A., 689 F.3d 1248 (11th Cir. 2012).
— Ala. Code § 6-5-410(d) — 26 cases
Alvarado v. Est. of Kidd, 205 So. 3d 1188 (Ala. 2016). “Therefore, the Court in Wood concluded that “the relation-back provision in § 43-2-831 does not apply to a wrongful-death action brought under § 6-5-410,” 47 So.3d at 1217 . Thus, the Court in Wood , distancing itself from certain language in Ogle , removed § 43-2-831 as a…”
Affinity Hosp., L.L.C. v. Williford, 21 So. 3d 712 (Ala. 2009). “On July 23, 2007, Williford filed a wrongful-death action under Ala.Code 1975, § 6-5-410, in the Jefferson Circuit Court against Affinity Hospital, L.”
Northstar Anesthesia of Alabama, LLC v. Noble, 215 So. 3d 1044 (Ala. 2016). “2d at 982 (“One who sues under [Ala.Code 1975, § 6-5-410,] without having been appointed executor or administrator does not qualify under this section as a personal representative, and the suit is a nullity.”
Ex Parte FMC Corp., 599 So. 2d 592 (Ala. 1992).
Wood v. Wayman, 47 So. 3d 1212 (Ala. 2010). “[1] In their motion, the physicians argued that under § 6-5-410, Ala.Code 1975, only a personal representative of the estate of a decedent may pursue a wrongful-death action.”
— Ala. Code § 6-5-410(e) — 1 case
Ingram v. Van Dall, 70 So. 3d 1191 (Ala. 2011).
— Ala. Code § 6-5-410(f) — 1 case
Pynes v. Jackson Hosp., 127 So. 3d 1160 (Ala. 2012).
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