[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#BlogPosting","mainEntityOfPage":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/","headline":"Survival Actions in Alabama Wrongful Death Cases","name":"Survival Actions in Alabama Wrongful Death Cases","description":"Losing a family member due to someone\u2019s intentional or careless acts is a devastating loss. In Alabama, this loss can warrant two similar but distinct legal actions: A wrongful death claim, which focuses on the family\u2019s losses, and a survival action, which addresses what the deceased themselves suffered....","datePublished":"2024-06-24","dateModified":"2026-04-01","author":{"@type":"Person","@id":"https:\/\/www.gartlaninjurylaw.com\/blog\/author\/dothanalabamalawyer\/#Person","name":"Aaron Gartlan","url":"https:\/\/www.gartlaninjurylaw.com\/blog\/author\/dothanalabamalawyer\/","identifier":6,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/3d2cf6b9fa253242e9c4d79550a007842dd4738da75634f31cb576c537fb5159?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/3d2cf6b9fa253242e9c4d79550a007842dd4738da75634f31cb576c537fb5159?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gartlan Injury law","logo":{"@type":"ImageObject","@id":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2019\/02\/Gartlan-Logo-3Color-Horizontal-NoBackground-2.svg","url":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2019\/02\/Gartlan-Logo-3Color-Horizontal-NoBackground-2.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2024\/06\/crying-funeral.jpg","url":"https:\/\/www.gartlaninjurylaw.com\/wp-content\/uploads\/2024\/06\/crying-funeral.jpg","height":667,"width":1000},"url":"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=RBQGuG9VCRI#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=RBQGuG9VCRI","name":"#2 The Trials Podcast - Wrongful Death Case: The Hidden Stop Sign","description":"In this episode of The Trials Podcast, we talk about a wrongful death case where a hidden stop sign led to a tragic accident. We explain how this case unfolded, the challenges of proving negligence, and how the team worked to get justice for the victim\u2019s family. Tune in as we discuss what went wrong, how attorneys handle these tough cases, and why it's so important to uncover the details.\n\nGartlan Injury Law\n408 S Foster St\nDothan, AL 36301\n(334) 699-4625\nhttps:\/\/www.gartlaninjurylaw.com\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/RBQGuG9VCRI\/default.jpg","https:\/\/i.ytimg.com\/vi\/RBQGuG9VCRI\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/RBQGuG9VCRI\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/RBQGuG9VCRI\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/RBQGuG9VCRI\/maxresdefault.jpg"],"uploadDate":"2025-03-11T14:30:20+00:00","duration":"PT47M25S","embedUrl":"https:\/\/www.youtube.com\/embed\/RBQGuG9VCRI","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UC_3-KhtACb15xdEWmYBKgFA#Organization","url":"https:\/\/www.youtube.com\/channel\/UC_3-KhtACb15xdEWmYBKgFA","name":"Gartlan Injury Law","description":"Attorney Aaron Gartlan and our team at Gartlan Injury Law are aggressive advocates who always have our clients' best interests at heart. We are dedicated to providing outstanding service to personal injury victims and their families in Dothan and throughout Alabama and to pursuing maximum compensation for their injuries and losses.\n\nADDRESS:\nGartlan Injury Law\n408 S Foster St\nDothan, AL 36301\n\nPHONE:\n(334) 699-4625","logo":{"url":"https:\/\/yt3.ggpht.com\/ytc\/AIdro_kBVfrIFk4Bsc_V6O0WlwZayeYFHPJcGO1Jg8bofguUsw=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=RBQGuG9VCRI#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=RBQGuG9VCRI#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=RBQGuG9VCRI&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=RBQGuG9VCRI#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":42}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=RBQGuG9VCRI#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":2}]},"about":["Wrongful Death"],"wordCount":956,"articleBody":"Losing a family member due to someone\u2019s intentional or careless acts is a devastating loss. In Alabama, this loss can warrant two similar but distinct legal actions: A wrongful death claim, which focuses on the family\u2019s losses, and a survival action, which addresses what the deceased themselves suffered.Who Can Bring a Survival Action in Alabama?Alabama law says that only the deceased\u2019s personal representative can file a survival action or wrongful death claim against those responsible for their passing. Typically, the personal representative is named in the deceased\u2019s will \u2013 often a spouse, family member, or trusted friend. If someone did not name a personal representative before dying, the courts can appoint someone.It\u2019s crucial to understand that the deceased must have already filed a personal injury claim for their estate to bring a survival action. This is where the term \u201csurvival action\u201d comes from, as it\u2019s a claim that \u201csurvives\u201d someone\u2019s death so their estate can seek compensation. If someone dies without filing a personal injury claim first, their estate cannot pursue a survival action.\ufeffWhat Compensation Can Be Recovered in a Survival Action?Survival actions focus on the deceased\u2019s pain and other losses from the time of their injury or illness until they die. Depending on the case, compensation in a survival action may include money for:The Deceased\u2019s Medical Bills. The cost of treating a fatal injury or illness can run into the tens or even hundreds of thousands of dollars. These bills then pass to the deceased\u2019s estate, putting a significant financial burden on the heirs. By pursuing a survival action, the estate can seek compensation for these bills and ease this financial burden.The Deceased\u2019s Lost Income. Similarly, a severe injury may keep someone from working for weeks or months before they pass away. A survival action allows the deceased\u2019s estate to seek compensation for this lost income so they can pay any outstanding medical bills or other debts.The Deceased\u2019s Pain and Suffering. Severe injuries can cause unbearable pain. Depending on the circumstances, the deceased may have been hurting for a long time before dying. Survival actions allow the deceased\u2019s estate to pursue compensation for all the pain the victim had to endure.The Deceased\u2019s Emotional Distress. A serious accident or injury can also cause intense anxiety and other forms of emotional distress, sharply decreasing the victim\u2019s quality of life. By demanding compensation for the deceased\u2019s emotional distress through a survival action, their estate can find justice for this immense suffering.By contrast, the only money recoverable in an Alabama wrongful death claim is in the form of punitive rather than compensatory damages. Punitive damages are not related to any loss the deceased person or their family suffered. Instead, they are monetary awards designed to punish the defendant and deter others from engaging in similar behavior. This is a very different system from most other states, as they typically allow plaintiffs to seek compensation for losses that the deceased or their relatives suffered.An Alabama wrongful death lawyer can tell you about the potential value of your case.Who Does the Compensation Go to in an Alabama Survival Action?The compensation in an Alabama survival action goes to the deceased\u2019s estate to pay off any outstanding debts the estate owes. Any leftover funds are distributed according to the deceased\u2019s wishes or Alabama\u2019s probate laws. If you have questions about who might receive compensation from a survival action or wrongful death claim in your particular case, contact an Alabama wrongful death attorney.Are There Situations Where Both a Wrongful Death Lawsuit and a Survival Action Could Be Filed?There are many cases where someone\u2019s estate may have cause for a wrongful death lawsuit and a survival action. As long as the deceased died due to someone else\u2019s actions but lived long enough to file a personal injury claim, their estate can pursue both types of legal action.For example, suppose someone was severely hurt by a drunk driver but lived for several months before succumbing to their injuries. During that time before their death, they met with a personal injury attorney and filed a lawsuit. However, the lawsuit did not conclude before they passed.In this example, the estate would have cause for a survival action because the deceased filed but did not finish a lawsuit against the drunk driver. The estate would also have grounds for a wrongful death claim because the victim died due to the drunk driver\u2019s negligence.This is just one of many possible scenarios that would allow for a wrongful death claim and a survival action. An attorney can review your situation and explain your legal options if you have any questions.Is There a Time Limit for Filing a Survival Action in Alabama?The standard deadline to file a survival action in Alabama is two years from the date that the deceased died. Given this tight deadline, it\u2019s vital to talk to a lawyer immediately so they have enough time to build a compelling case.Contact an Alabama Wrongful Death LawyerGartlan Injury Law is dedicated to protecting the rights of those who have lost family members because of the negligent, intentional, or wrongful actions of others. We can handle all the legal work of a survival action or wrongful death claim for you, giving you the time and space to grieve properly. Call us today or complete our contact form for a free consultation with an Alabama wrongful death lawyer about your case, and find out what we can do on your behalf.Visit Our Alabama Wrongful Death Law Offices[    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question\",        \"text\": \"Alabama law says that only the deceased\u2019s personal representative can file a survival action or wrongful death claim against those responsible for their passing. Typically, the personal representative is named in the deceased\u2019s will \u2013 often a spouse, family member, or trusted friend. If someone did not name a personal representative before dying, the courts can appoint someone.  It\u2019s crucial to understand that the deceased must have already filed a personal injury claim for their estate to bring a survival action. This is where the term \u201csurvival action\u201d comes from, as it\u2019s a claim that \u201csurvives\u201d someone\u2019s death so their estate can seek compensation. If someone dies without filing a personal injury claim first, their estate cannot pursue a survival action.\",        \"@id\": \"https:\/\/www.gartlaninjurylaw.com\/blog\/survival-actions-in-alabama-wrongful-death-cases\/#Answer\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question1\",        \"text\": \"The compensation in an Alabama survival action goes to the deceased\u2019s estate to pay off any outstanding debts the estate owes. Any leftover funds are distributed according to the deceased\u2019s wishes or Alabama\u2019s probate laws. 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