Wrongful Death Claims In Alaska

A “party in interest” is permitted to bring a wrongful death claim on behalf of the estate of someone killed as a result of the negligence or other wrongful act of another.  This person can be a family member or anyone else that suffers damage as a result of the decedent’s death. 

Whether it be due to an automobile accident, medical malpractice, product defects, criminal activity, severe slip-and-falls or trip-and-falls, or any other cause, the party bringing the wrongful death claim must file the lawsuit within two years of the date of death.  If this “statute of limitations” is not complied with, the case is subject to dismissal.  An Alaska Wrongful Death Lawyer will make sure you are in compliance with these deadlines.  

Similar to other personal injury claims, the estate representative can recover monies for economic damages (i.e. medical expenses, funeral expenses, out-of-pocket expenses, lost earnings after death, and loss of services) and non-economic damages (i.e loss of services, etc).  Punitive damages are typically not permitted in Alaska.

In order to receive compensation for loss of support, the person seeking these damages must prove that the person who passed away provided him or her financial support and how much.  Minors will typically receive compensation for loss of support through the age of eighteen and college, if the estate representative can demonstrate that the deceased would have contributed thereto.  The surviving spouse of the deceased will receive compensation for loss of support until the age it was believed the deceased would have retired. 

 

What happens in the situation where a person suffers an injury but does not pass away until some later period?  This is where survival laws come into play.

These laws permit an estate representative not only to recover damages attributed to after the decedent’s death, but also for damages incurred by the deceased from the moment of injury until the time of death.  This can include the deceased’s pain and suffering as well as lost earnings from the date of injury up until the time of death.  

While this might be somewhat confusing as to what is recoverable and in what scenario, Attorneys In Wasilla Ak will be able to guide you through this process.

With all there is to know about wrongful death claims, especially when considering the emotional trauma attached to such a loss, it behooves you to retain an attorney to take care of the process.  The positive is that there are plenty of attorneys in Wasilla available to work these cases and provide you with a positive result.

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