Attorneys in Alaska for your Auto Accident Claimsby Kristen White Blogger What is a Wrongful Death Claim?
Essentially, a wrongful death claim arises when a negligence case occurs but, instead of only suffering injuries, the victim passes away. In such a case, a “party in interest,” or someone that suffers damage as a result of the decedent’s death, can bring a claim on behalf of the estate of the dead victim. Parties in interest can be close family members, or other persons that may suffer financially as a result of the death.
As with other personal injury cases, Attorneys In Anchorage Alaska know that wrongful death cases arise out of (i) medical malpractice claims, (ii) car accidents, (iii) toxic tort claims, (iv) products liability claims, (v) criminal activity, and more.
Also consistent with other personal injury claims is the fact that a party bringing a wrongful death claim in Alaska must file the lawsuit within two (2) years or face dismissal for violating Alaska’s “statute of limitations.”An attorney will then investigate and use all facts to create a strategy to show a judge or jury that (i) the death was caused by someone’s negligence or intentional acts and, as a result, (ii) the beneficiaries of the estate are entitled to recover for damages.
Damages recoverable in a wrongful death action are economic (i.e. medical expenses, funeral expenses, out-of-pocket expenses, lost income, and loss of service) and non-economic (usually pain and suffering).
Why Wrongful Death Claims Usually Settle
Cases arising out of people who die as a result of a Car Accident In Anchorage almost always settle before trial, and for the following reasons.
From a plaintiff’s perspective, trial can be a real risk. If you cannot prove liability—or another person’s fault, you cannot recover. If you prove fault but cannot prove damages, or the value of the case, you cannot recover. When considering having to relive the emotional trauma of a loved one’s death while testifying at trial, it may make sense to settle.
From a defendant’s perspective, the risk factors are there, too, but there is also publicity and high costs associated with defending a lawsuit.
Other important factors considered by the parties may include (i) the value of the lawsuit, (ii) how long the trial will take, (iii) how long it will take before you get to trial, (iv) the risks of trial, (v) the success rate of similar past claims and of this attorney in such cases, (vi) favorable and unfavorable publicity, (vii) disclosure of personal information (or, for the defendant, other confidential business information), (viii) the weaknesses in each side’s positions, (ix) responsibility for attorney’s fees (in limited, but some, cases), and (x) the ability to collect on a judgment.
Attorneys know that there is a lot to know and consider when bringing a wrongful death claim. But if someone you love (or are dependent on) is killed in a car accident, the potential recovery is great, meaning that you should make sure to bring your case to an experienced and qualified firm.
Created on Sep 16th 2019 07:29. Viewed 41 times.
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