What Kind of Lawyer Do I Need in an Alaska Accidental Death Case?

 

You may still be grieving if you recently lost a loved one in an accident of any kind, but the full extent of your losses may just be starting to materialize. Sometimes, the biggest issues involve the financial implications now that the deceased person is unable to provide essential support and contributions. The void left behind by the victim’s passing can be considerable. Fortunately, personal injury laws authorize certain individuals to seek compensation through the Alaska wrongful death statute. If you qualify and meet all requirements, you can recover monetary damages from the at-fault party.

Therefore, you can see the importance of retaining skilled legal help for assistance with your remedies. An Anchorage, AK wrongful death attorney can help with the process, especially considering the fact that these matters typically involve two separate court proceedings. Some background information may also be useful.

 

How a Lawyer Helps with Accidental Death Claims

 Alaska personal injury laws cover situations where someone is hurt in an accident, but many of the same concepts apply when the victim dies because of his or her injuries. For one, you will still need to prove the essential elements of negligence. In a wrongful death action, you must have evidence showing that the fatal accident was directly caused by the at-fault party’s failure to act with reasonable care.

An attorney can assist with the process by:

  • Conducting an investigation and gathering evidence;
  • Completing forms for an insurance claim;
  • Working through probate;
  • Discussing settlement with the insurer to resolve your claim out of court; and,
  • Filing a wrongful death lawsuit if the insurance company refuses to pay fair compensation.

 

Assistance from a Probate Attorney 

Proving the essential elements of negligence is sufficient for a personal injury case, but there is an additional step with wrongful death claims. Alaska laws dictate that only one individual has the legal power to file such a case: The personal representative who is in charge of handling the deceased victim’s estate. This may be someone who is named in the will but – without a will – it is necessary to have the court appoint someone to act for the decedent. Under the circumstances, you may also need help from a probate lawyer.

Note that the personal representative who has standing in a wrongful death case is NOT necessarily the only individual who can receive compensation. Damages for wrongful death are intended to compensate

  • The surviving spouse;
  • Children; and,
  • Those who relied on the deceased person for support.

If the decedent did not have any relatives, monetary damages are paid to the estate and distributed according to probate laws or the will. The attorneys at Power & Power Law provide probate assistance to wrongful death clients.

 

Contact an Anchorage, AK Wrongful Death Lawyer About Your Case

Now that you know what kind of attorney you need for an accidental death claim, it is critical to consult with an experienced wrongful death lawyer right away. There are time restrictions on these cases, and they must be timely filed to pursue those responsible for causing a fatal accident. To learn how we can help, contact Power & Power Law to set up a free consultation at our offices in Anchorage, Alaska.