Death Investigations

Ala.Code 1975 § 45-49-171.63. Investigation of deaths.

It shall be the duty of the county medical examiner to investigate any death in Mobile County when the death may fall within one or more of the following categories:

(1) Any death that occurs suddenly and unexpectedly, that is, when the person has not been under medical care for significant heart, lung, or other disease.

(2) Any death suspected to be due to violence, resulting, that is, from suicidal, accidental, homicidal, or undetermined injury, regardless of when or where the injury occurred.

(3) Any death suspected to be due to alcohol or drugs or exposure to toxic agents.

(4) Deaths due to poisoning.

(5) All deaths of persons in the custody of law enforcement officers or in penal institutions.

(6) Deaths suspected to be involved with the decedent’s occupation.

(7) Deaths unattended by a physician.

(8) Any death due to neglect.

(9) Any stillbirth of 20 or more weeks gestation unattended by a physician.

(10) Deaths due to criminal abortion.

(11) Any death of an infant or child under 19 years of age where the medical history has not established some preexisting medical condition to clearly explain the death and the preterminal circumstances.

(12) Deaths that are possibly directly or indirectly attributable to environmental exposure not otherwise specified.

(13) Any death suspected to be due to an infectious or contagious disease wherein the diagnosis and extent of disease at the time are undetermined.

(14) Any death occurring under suspicious or unusual circumstances.

(15) When a body is to be cremated, dissected, or buried at sea.

(16) When a body is brought into Mobile County without proper medical certification.

Ala.Code 1975 § 45-49-171.63. Investigation of deaths.

(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.