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Talk to an Attorney
Losing a loved one to someone else’s negligence is devastating. If you have experienced such a loss in Montgomery, Alabama, the experienced attorneys at Jinks Crow are here to support you. With over 40 years of experience, our team understands the emotional and financial toll of wrongful death cases. Whether the loss occurred on our local interstates like I-65 and I-85 or elsewhere in the River Region, we are dedicated to advocating for your family’s justice.
Contact Us Now 334-738-4225
Jinks Crow represents families across the River Region from two offices, one in Montgomery and one in Union Springs. Our Montgomery office is led by Managing Attorney Christina D. Crow, who served as the 144th President of the Alabama State Bar and was named the Best Lawyers 2026 “Lawyer of the Year” for Product Liability Litigation – Plaintiffs in Montgomery. When you lose a loved one, you need a Montgomery wrongful death lawyer who can go up against large companies, insurance carriers, and their lawyers.
Our firm has represented clients in national litigation, including a role in a $2.8 billion settlement, and we bring that same level of preparation to every wrongful death case we handle in Montgomery. Prior results do not guarantee similar outcomes.
Anytime someone’s death is caused by the acts or omissions of someone else, there is the possibility of a wrongful death claim or lawsuit. They can occur as the result of:
In Montgomery, our lawyers meet with people who have lost loved ones in any of these types of accidents. This includes fatal crashes on interstates such as I-65 and I-85, workplace accidents at the city’s manufacturing and distribution facilities, and cases of nursing home neglect or medical malpractice at area hospitals.
Alabama’s wrongful death law comes from a single statute: Ala. Code § 6-5-410. Under that law, a personal representative may bring a wrongful death action on behalf of someone who died because of another person’s or company’s wrongful act, omission, or negligence, as long as the deceased person could have brought a personal injury lawsuit had they survived.
In practice, this means a spouse, adult child, or other close relative usually cannot sue in their own name. The estate’s personal representative brings the claim on the family’s behalf.
A wrongful death action must generally be commenced within two years from the date of death, not the date of the underlying injury. This is different than Alabama’s general two-year personal injury limitations period under Ala. Code § 6-2-38, because the wrongful death clock does not start until the person dies. Sometimes, that is days, weeks, or months after the injury occurred.
Alabama is one of the only states that allows only punitive damages in a wrongful death case.
Compensatory damages are not available. That means a jury is not asked to reimburse the family for medical bills, funeral costs, or lost income. Instead, the jury is asked to punish the wrongdoer for the conduct that caused the death, based on the culpability of the conduct rather than the family’s financial loss. Alabama law recognizes that a loved one can never be replaced or truly compensated, but punitive damages serve to punish the wrongdoer and deter similar conduct in the future.
Alabama law places no statutory cap on the punitive damages a jury can award in a wrongful death case.
The personal representative of the deceased’s estate is the one who brings a wrongful death claim in Alabama. But the money recovered does not become part of the estate. Alabama law requires the proceeds to go directly to the deceased’s surviving family members, based on the same rules used to distribute an estate without a will.
Your wrongful death lawyer should handle the probate and distribution work for you, so your family is not left to sort out the process alone. In Montgomery, our wrongful death attorneys work directly with the Montgomery County Probate Court to help make sure the settlement reaches the right family members without unnecessary delay.
Generally two years from the date of death under Ala. Code § 6-5-410. The deadline can be shorter, as little as six months, if a city government caused the death.
You may need to give formal notice much sooner than the standard two-year deadline. Notice to a city is generally due within six months, and notice to a county is generally due within twelve months.
Most wrongful death lawsuits in Montgomery are filed in the Montgomery County Circuit Court, part of the Fifteenth Judicial Circuit of Alabama. The personal representative must first be appointed by the Montgomery County Probate Court.
We work on a contingency fee basis. You pay no upfront fee, and legal fees come from any settlement or verdict recovered.
A criminal case is brought by the state to punish a crime, while a wrongful death lawsuit is a separate civil case brought by the family to recover damages. One can proceed without the other.
Yes. A wrongful death lawsuit can move forward whether or not the responsible party is prosecuted, convicted, or acquitted of a crime.
The proceeds go directly to the deceased person’s surviving family members as set out by Alabama law
If the deceased person is found to have been even slightly at fault for the accident that caused their death, the family can be completely barred from recovering any damages.There are a few narrow exceptions. For example, if the other party’s conduct was “wanton” (meaning far worse than ordinary carelessness) a court may still allow the claim to go forward even if your loved one was partly at fault.
If you have lost a family member to negligence in Montgomery, you do not have to navigate the complex Alabama legal system alone. Call us at 334-738-4225 or reach out online to speak with an experienced Montgomery wrongful death attorney. Consultations are free and confidential.
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