Advantages to Settling an Alaska Wrongful Death Case
Losing a loved one is always a heartbreaking experience, but it is even more tragic when a loved one was killed in an accident because of someone else’s negligence. As you mourn the victim’s passing, you may soon realize the full extent of the void he or she left behind. Financial considerations may be the first to impact your family, as bills pile up and you can no longer rely on the decedent’s income to support the household. You might also be overcome with feelings of helplessness and uncertainty now that this person is no longer able to contribute love, guidance, education, and other benefits.
Fortunately, Alaska wrongful death laws provide surviving family members with options to recoup many of their losses. In many personal injury cases, including fatal accidents, your first step is filing a claim with an insurance company. Often, you may be able to work out a settlement arrangement instead of going to court. An Alaska wrongful death attorney can providence essential advice and assistance. It is also helpful to keep the following benefits of settlement in mind.
Settlement Provides Certainty
When you enter into an agreement with the responsible party’s insurance company, you will no longer be dealing with two critical and hotly contested components of a wrongful death claim:
- Who was at fault in causing the fatal accident; and,
- How much, in dollar value, surviving family members have been affected by the victim’s death.
Through settling your claim, these issues become moot and do not affect the outcome you are seeking, which is payment of your claim.
Risk Management
Closely tied to certainty is risk, and you reduce it when you settle your wrongful death case. Even when you think your evidence is solid, there are no guarantees in a lawsuit. You could lose in court because the jury sees things differently. Plus, jurors are allowed to consider whether your loved one was at fault in causing the fatal accident. If they find that the victim was somewhat at fault, Alaska’s statute on comparative negligence may reduce compensation.
Faster Resolution of Your Claim
Settlement discussions may take just a few weeks, or maybe months for more complicated cases and investigations. You could receive a check from the insurer shortly after signing the agreement, providing financial support you need during difficult times.
Overcome Challenges with Proof
When fault is a core issue in an accident claim, you can see the hurdles involved when one of the most important witnesses was killed. That person cannot bolster the case through testimony, so settlement is often a wise way to avoid weaknesses due to the victim’s absence.
Our Alaska Wrongful Death Lawyers Can Guide You Through Settlement
These benefits may seem attractive, but you should rely on an experienced attorney before finalizing any agreement to settle an Alaska wrongful death claim. Our team at Power & Power Law will advocate your behalf in dealings with the insurance company and ensure your rights are adequately protected. Please contact our Anchorage office right away to set up a free consultation.