Who are the Parties in an Alaska Wrongful Death Case?
Fatal accidents are tragic, affecting thousands of families and households who are left with grief and uncertainty after losing their loved ones. Therefore, it is disturbing to learn that unintentional incidents are the fourth leading cause of death in the US, according to the US Centers for Disease Control and Prevention (CDC). Almost 225,000 people are killed every year because of car, truck, and motorcycle crashes, falls, medical malpractice, and many other causes.
Alaska personal injury laws include options for loved ones when someone dies in an accident, so you may qualify to pursue a wrongful death claim. Certain parties might have the power to sue the person or entity who caused the accident, i.e., the at-fault parties. Because there are many different roles and you could occupy one or more, it is wise to retain anAnchorage wrongful death lawyer for assistance. To help you understand how these cases work, an overview of the parties is useful.
At-Fault Parties
With most fatal accidents, you can identify the actual party that caused or contributed to the incident. A car, truck, or motorcycle only has one driver, so this is where you lay the blame for a motor vehicle crash. The sign on a storefront tells you where to point the finger when someone dies in a deadly accident on the property.
However, there may be additional at-fault parties for wrongful death. In some cases, they may not even be within miles of the fatal incident, but they contributed in some way to the accident. For instance:
- The trucking company that employs the truck operator could be liable for a truck accident through vicarious liability.
- The manufacturer of a defective auto, truck, or motorcycle part might be at fault for product liability.
- Besides property owners, any party that has control over the premises could be held accountable for wrongful death. You could pursue the building owner, a landlord, a tenant, a property management company, or any other at-fault parties.
Aggrieved Parties Seeking Compensation
On the other side of a wrongful death case is the surviving loved ones that the victim leaves behind. There are multiple parties involved with the process, and the laws work as follows:
- Alaska wrongful death claims must be brought by the personal representative for the victim’s estate. This could be someone named in a will or appointed by the probate court.
- The people who are in the position to receive the proceeds of a wrongful death suit are the decedent’s spouse and children or other dependents.
- In most cases, the surviving spouse will act as a personal representative. The proceeds are split among the beneficiaries.
Call Now to Speak to an Alaska Wrongful Death Attorney
It is helpful to know the different parties in a wrongful death case and where you stand, but you will need assistance when pursuing a claim. For more information on how we will guide you through the legal process, please contact Power & Power Law. You can call 907-222-9990 or visit us online to set up a no-cost case review at our offices in Anchorage.