Wrongful Death Lawyer in Alaska
It is one of the most devastating experiences of a lifetime when you face a tragic loss of a loved one. Not only specifically, you and your family grieve, but meanwhile, you must also deal with the financial hurdles of funeral expenses and the loss of work and support that the victim presented to their family. However, if your loved one lost life due to the reckless actions of another entity, you may be qualified to recover monetary compensation in a wrongful death claim. A wrongful death claim can result from all kinds of accidents and injuries, including car accidents, trucking accidents, motorcycle accidents, slip and falls, premises liability, and more. As in all personal injury claims, our attorneys will never accept a fee unless and until we win your case.
At Trial Guy, we can assist you in navigating the legal system with successful results. With over 25 years of personal injury claim experience helping families who suffered from the wrongful death of their loved ones, we are competent and experienced enough to recover the adequate compensation you deserve.
Contact Now or call at 907-262-9164, our experienced wrongful death attorney in Anchorage and Soldotna, to learn more about how we can help you. Our attorneys have helped thousands of people with almost three decades of experience. We always offer a free consultation.
Under Alaska wrongful death statute, Alaska Statutes § 09.55.580 (http://www.legis.state.ak.us/basis/statutes.asp#09.55.580), wrongful death is described as a death that results from a "wrongful act or omission of another." Due to the negligence of an entity, individual, or corporation, when a person lost life, certain surviving family members and loved ones may take legal action. Separate from a criminal suit, a wrongful death lawsuit is a civil action that entitles loved ones to receive compensation from the wrongful party's insurance provider. This compensation helps families with the unanticipated emotional and financial effects of losing their loved ones. Sometimes, plaintiffs may get punitive damages, which punish wrongful parties for egregious acts of recklessness and help ensure that similar incidents do not happen again.
Who May File a Wrongful Death Claim in Alaska?
Alaska law statute http://www.legis.state.ak.us/basis/statutes.asp#09.55.580 specifies who can get compensation from a wrongful death claim. Only certain family members or individuals may bring a wrongful death suit In Alaska. These may individuals include:
- Surviving children of the deceased
- Spouse of the deceased
- Any other “dependents” of the deceased, including the deceased's stepchildren, parents, or anyone dependent upon the deceased.
- Personal representative
Typically, only the surviving children, spouse, surviving children, and other surviving dependents can claim wrongful death compensation. For instance, if an aged parent lives with their adult child and depends on that child, the older person can get damages. A representative of the deceased's estate can sue, even if they are not a member of the family. This provision of Alaskan law is meant to ensure those most affected by the decedent's demise are adequately compensated. By specifying strict terms of who may file such a claim and recover monetary compensation, there is less chance that distantly related or unrelated individuals will gain financial advantage. This decreases the possibility of a frivolous lawsuit.
Wrongful death claims, like all personal injury claims, can either be sorted out through negotiations with the other party's insurance company or brought to court as a legal claim. You usually have two years from death to file a wrongful death claim in Alaska. Though there are few exceptions, you may not qualify to sue after the two-year statute of limitations has expired.
Damages Sought in a Wrongful Death Case
Punitive damages in civil cases are intended to punish the at-fault party for their egregious actions. In situations that involve a death, there are circumstances where punitive damages may be pursued in a civil case. A civil wrongful death lawsuit is related to compensating for the losses and harms of the demised victim and financial paying for those left behind. Along with any medical bills related to treating the victim before they died, damages in this case include:
- Income loss
- Funeral expenses
- Loss of companionship
- Loss of consortium
- Pain and suffering
- Emotional impact
Please note, not every case will qualify for these damages, and this may not be available. Each case is different and should be closely examined by an experienced Anchorage wrongful death lawyer to judge which losses could be compensable.
How Long Do You Have to File a Wrongful Death Case in Alaska?
Like other civil lawsuits, wrongful death suits in Alaska are subject to a legal time frame known as a "statute of limitations" that sets a strict time limit on how long a deceased's family must go for legal action. Under most instances, you have until the second anniversary of your loved one's demise to file a wrongful death legal suit. Sometimes, this deadline may be extended where the beneficiary is a minor. Still, Alaska's statute of repose emphasis that all wrongful death claims be brought within ten years of the cause of death.
If you fail to file a claim within the period, you could lose your right to sue and be barred from recovering compensation. Therefore, it is essential to involve a seasoned wrongful death attorney early on to protect your family's rights and make sure you comply with all deadlines.
We can we help?
Monetary damages are imperative to compensate you for your loss and serve as a deterrent to negligent people or entities. Our Anchorage wrongful death attorney will advise you of your potential options. If you are thinking of filing a wrongful death lawsuit in Alaska, consider consulting a knowledgeable personal injury attorney. Wrongful death cases are usually tough, and a lawyer experienced in this area can explain how the law might apply to your situation.
If you are looking for a seasoned wrongful lawyer in Alaska to assist you in pursuing justice and obtaining compensation, please call 907-262-9164 to talk immediately to your wrongful death lawyer in Alaska. Attorney Eric Derleth serves Anchorage, Soldotna, Kenai, the Palmer/Wasilla, and other areas of Alaska.