Wrongful Death of a Minor Act in Alabama: What Families Should Know
Understand how Alabama law addresses the wrongful death of a minor, including key legal steps, limitations, and family considerations.
Losing a child is an unimaginable tragedy. When that loss stems from the actions or negligence of another, families often face legal complexities alongside their grief. Alabama has specific laws governing wrongful death claims involving minors, providing a framework for seeking accountability.
Navigating these laws during such a difficult period requires understanding the process. This article outlines key aspects of Alabama’s wrongful death statutes concerning minors to help families understand their rights and what to expect.
Who Can File a Claim
In Alabama, a minor is defined as someone under 19 years old.1Justia Law. Alabama Code Title 26, Chapter 1, Section 26-1-1 – Age of Majority Designated as 19 Years If a minor dies due to the wrongful act, omission, or negligence of another party, state law designates who can file a wrongful death claim. Primarily, the right belongs to the parents. Alabama Code Section 6-5-391 specifies that the “father, or the mother” may initiate the action.2Justia Law. Alabama Code § 6-5-391 (2024) – Wrongful Death of Minor
The law provides further detail based on the parents’ circumstances. If the parents are married and living together, they share an equal right to file. If they are divorced or were never married, the parent with legal custody generally holds the exclusive right. In cases of joint legal custody, courts have sometimes allowed the parent who files first, particularly if they also had primary physical custody, to proceed with the claim.
If both parents are deceased, decline to file, or do not file within six months of the child’s death, the right shifts. Under Section 6-5-391(a), the “personal representative of the minor” can then commence the action. This representative is typically appointed by a probate court to handle the deceased minor’s affairs. A non-parent granted legal custody by a court might also have standing to file under certain conditions outlined in related statutes.
Requirements to Prove Liability
To succeed in a wrongful death claim for a minor in Alabama, the filing party must prove the death was caused by the defendant’s “wrongful act, omission, or negligence,” as stated in Section 6-5-391. This involves demonstrating that the defendant failed to meet a legal standard of care, directly causing the child’s death.
The first step is establishing that the defendant owed the child a “duty of care.” This legal obligation requires acting reasonably to prevent foreseeable harm. Examples include a driver’s duty to operate a vehicle safely or a property owner’s duty to maintain safe conditions.
Next, the plaintiff must show the defendant “breached” this duty by failing to act as a reasonably prudent person would under similar circumstances. This could be an action, like reckless driving, or an omission, like neglecting a known hazard.
A direct causal link between the breach and the death is essential. This requires proving both “cause-in-fact” (the death wouldn’t have occurred without the defendant’s actions) and “proximate cause” (the death was a reasonably foreseeable result of the breach). The defendant’s conduct must be the direct cause.
The standard of proof in most Alabama civil cases is “preponderance of the evidence,” meaning it must be shown that it is more likely than not (over 50% probability) that the defendant’s wrongful conduct caused the death. However, for claims against healthcare providers involving medical malpractice, Alabama law requires “substantial evidence” – proof strong enough that fair-minded individuals could reasonably infer the facts alleged.
Available Damages
Damages awarded in Alabama wrongful death cases involving minors differ significantly from those in many other states. Alabama law, primarily through Section 6-5-391 and interpretations of the general wrongful death statute (Section 6-5-410), focuses exclusively on punitive damages.
Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. The amount assessed by a jury reflects the severity of the defendant’s fault, not the family’s grief, financial loss, or the value of the child’s life. Factors like the degree of recklessness or negligence heavily influence the award.
Because the focus is punitive, compensatory damages – such as compensation for the family’s sorrow, loss of companionship, the child’s potential future earnings, or medical and funeral costs – are generally not recoverable under Alabama’s wrongful death statutes. While these losses are profound, the legal remedy aims solely at punishment and deterrence. Separate actions might sometimes allow recovery for specific economic losses, like related property damage.
Juries determine the amount of punitive damages based on the defendant’s conduct. Unlike some other civil cases, Alabama Code Section 6-11-21(j) explicitly exempts wrongful death actions from statutory caps on punitive damages.3Justia Law. Alabama Code § 6-11-21 – Punitive Damages There is no predetermined legal limit, though appellate courts can review awards for excessiveness. Any recovered damages are distributed to the minor’s heirs according to Alabama’s laws of intestate succession (inheritance without a will) and are not subject to the debts of the deceased minor’s estate.
Court Approval for Settlements
Settling a wrongful death claim involving a minor in Alabama requires judicial oversight. Because minors cannot legally enter binding contracts, including settlement agreements, state law mandates court approval to ensure the resolution is fair.4Alabama Judicial System. Alabama Rules of Civil Procedure Rule 17 – Parties Plaintiff and Defendant; Capacity This applies even if a lawsuit wasn’t formally filed before the settlement agreement was reached; court action must be initiated to obtain approval.
This process often involves a “pro ami” hearing, where the party who filed the claim petitions the court to approve the settlement. The petition details the case and the proposed terms. The court’s role is to determine if the settlement is fair, reasonable, and serves the best interests of the minor’s estate and heirs, keeping in mind the punitive nature of damages in these cases.
Courts frequently appoint a “guardian ad litem” (GAL), an attorney representing the deceased minor’s interests specifically for the settlement approval. The GAL independently reviews the case, the settlement terms, and provides the judge with a recommendation on its fairness from the minor’s perspective.
During the hearing, the judge reviews the petition, the GAL’s report, and potentially hears from the parties. If satisfied that the settlement is just and reasonable given the circumstances, the court issues an order approving it, making it legally binding. This judicial review safeguards the process, ensuring appropriate resolution and finality.
Statute of Limitations
Families pursuing a wrongful death claim must adhere to strict deadlines set by Alabama law. The statute of limitations defines the maximum time allowed to file a lawsuit. Missing this deadline generally means losing the right to seek damages permanently.
For wrongful death actions in Alabama, including those involving minors, Section 6-5-410(d) establishes a two-year statute of limitations.5Justia Law. Alabama Code § 6-5-410 (2023) – Wrongful Death Action The lawsuit “must be commenced within two years from and after the death” of the minor. The clock starts on the date the child passes away, not necessarily the date of the injury if it occurred earlier.
This two-year deadline applies whether the claim is filed by the parents or, in specific circumstances, by the minor’s personal representative. While Alabama law sometimes pauses (tolls) statutes of limitations for minor plaintiffs in other types of cases, this generally does not apply to wrongful death claims, as the legal right to file belongs to the adult parent(s) or representative. They must initiate the suit within two years of the minor’s death.
Potential Defenses
Defendants in wrongful death claims involving minors can raise legal defenses to contest liability or prevent recovery. A significant defense in Alabama is contributory negligence. As one of the few states with a pure contributory negligence rule, if the person filing the claim, or potentially the deceased minor (depending on age and capacity), is found even slightly negligent (1%) in contributing to the fatal incident, recovery can be completely barred.
Applying contributory negligence to a minor depends on their age. Children under seven are legally incapable of negligence. Children between seven and fourteen are presumed incapable, but this can be rebutted if the defendant shows the child had the discretion and awareness of danger typical of a fourteen-year-old. Minors fourteen and older are presumed capable of negligence, like adults. The contributory negligence of a parent filing the suit, if it contributed to the death, can also bar recovery.
Assumption of the risk is another potential defense. It argues the minor recognized a specific danger, understood the potential harm, and voluntarily chose to encounter it. Proving this requires showing the minor subjectively knew and appreciated the risk, which can be difficult given a child’s developmental stage.
Immunity defenses may also apply. The State of Alabama generally has sovereign immunity under the state constitution (Article I, Section 14) and cannot be sued in court, though claims might sometimes be brought before the Alabama State Board of Adjustment.6Alabama Legislature. Alabama Constitution of 1901, Article I, Section 14 – State Immunity Counties and municipalities have limited governmental immunity. State law (Section 11-93-2) caps damages against these entities in tort claims at $100,000 per person and $300,000 per occurrence.7Justia Law. Alabama Code § 11-93-2 – Limitation on Damages Recoverable Against Governmental Entity Municipal liability (Section 11-47-190) is often limited to injuries caused by employee negligence within the scope of duty or failure to remedy known public defects.8Justia Law. Alabama Code § 11-47-190 – Liability of Municipality for Negligent Acts These provisions can limit or bar claims against governmental bodies.
