HB228 Alabama 2011 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Co-Sponsor

Ron Johnson

Session

Regular Session 2011

Title

Wrongful Death Act, venue by personal representative of deceased, in county where the suit could be filed if deceased were still living, Sec. 6-5-410 am'd.

Summary

HB228 would change where a wrongful death lawsuit must be filed, enforcing venue in the county where the deceased could have filed if alive.

What This Bill Does

If passed, the wrongful death action must be filed in the county where the deceased could have filed a civil action if they were alive. It preserves the action even if the defendant dies and can be revived against the defendant's personal representative. Damages awarded would be distributed according to the statute of distributions and would not be charged against the deceased's debts. The action must be filed within two years after death. The act applies to actions filed after its effective date and becomes law immediately upon governor approval.

Who It Affects

• Personal representatives filing wrongful death actions must file in the county where the deceased could have filed if alive.
• Estate heirs/beneficiaries see damages distributed per statute and not charged against the deceased's debts.

Key Provisions

• Amends Section 6-5-410 to require venue in the county where the deceased could have commenced an action for the underlying wrongful act if alive.
• Action does not abate upon the defendant's death and may be revived against the defendant's personal representative.
• Damages recovered are not subject to the testator's or intestate's debts and must be distributed according to the statute of distributions.
• Action must be commenced within two years after death.
• Applies only to actions filed after the act's effective date and becomes effective immediately upon passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Wrongful Deaths