Questions to Ask an Alaska Attorney About Your Wrongful Death Case

Losing someone close to you love by accidental circumstances is horrific, and statistics indicate that many people will encounter such a tragedy during their lifetime. Unintentional injuries are the fourth-leading cause of death in the US according to the Centers for Disease Control and Prevention (CDC), claiming the lives of almost 214,000 victims annually. For many survivors, the grief is the initial and most devastating consequence of a loved one’s death. However, additional losses will soon mount due to the void left behind when the deceased cannot contribute to the family and household.

These implications from a fatal accident are the reason that Alaska wrongful death laws view the surviving family members as victims. You may have grounds to file a claim against the at-fault party who caused the incident, so it is possible to recover compensation for your losses. You will need skilled legal representation for assistance, so retaining anAnchorage wrongful death attorney should be a priority. Make sure to ask the following questions to get a better understanding of how these cases work.

Do I have the authority to file a wrongful death case? Before considering legal action, you should find out whether you have standing to sue. In Alaska, a wrongful death lawsuit can be filed whenever the deceased victim could have pursued the at-fault party in their own name while alive. However, it is the personal representative of the decedent’s estate that must file the case. This could be someone named as executor in the will or appointed by the probate court handling estate administration.


What do I need to prove for my claim? When an accident leads to a fatality, the legal theory of liability will usually be negligence. In addition to having proper standing, you must prove the following:

  • The at-fault party had a duty to use reasonable care when acting;
  • That person or entity breached the duty of care through unsafe acts;
  • The breach of duty was the direct reason for the accident; and,
  • The surviving family members suffered losses because of the victim’s death.


What are the strengths and weaknesses in my case? After reviewing the circumstances of the accident, your lawyer should be able to identify the factors that could make or break your case. Any strengths or weaknesses in the four elements described above could be cause for concern.


Should I settle or go to court for a wrongful death case? There are benefits to settling, but only when the offer is sufficient and fair. An attorney can explain the pros and cons of working out an agreement and will advise you on whether you could enjoy a more favorable outcome by taking your case before a jury. Information on strengths and weaknesses is important when considering these options.

Our Alaska Wrongful Death Lawyers Can Answer Additional Questions

This information is useful as an overview, but our team at Power & Power Law can provide personalized details about your case. To set up a free case review at our offices in Anchorage, Alaska, please call 907-222-9990 or visit us online.