Steps in the Legal Process for an Alaska Wrongful Death Case
Many people assume that cancer and heart disease top the list of the leading causes of death in the US, and these medical conditions do claim the #1 and #2 spots. However, accidents also rank high when it comes to fatalities. The US Centers for Disease Control and Prevention (CDC) reports that unintentional injuries are the #4 cause of death nationwide. Almost 225,000 people are killed every year in accidents that are preventable, meaning these tragedies only occur because of carelessness.
In Alaska, it is possible for survivors to pursue a wrongful death case to recover compensation after losing a loved one. These matters are similar to personal injury claims, except that the victim died instead of merely being hurt. The legal process is just as complicated as other accidents, so it is wise to retain an Anchorage wrongful death lawyer for assistance. The steps and requirements include the following:
- Investigate and Collect Evidence: Wrongful death cases are based upon the legal theory of negligence, which means you must prove that the at-fault party caused the accident by failing to exercise reasonable care. A breach of this legal duty is often the reason auto collisions, truck crashes, bicycle and pedestrian accidents, and slip-and-fall incidents happen. You will need extensive evidence to meet your legal burden of proof, so the important first stage in a wrongful death is conducting an investigation.
- Determine Standing: Alaska has very specific rules about who has the authority to file a lawsuit for wrongful death, which is termed having “standing” to sue. The personal representative of the deceased victim’s estate has the power to bring a wrongful death claim, and this may be someone who was either named in the will or appointed by a probate court when there is no will.
- File Insurance Claim: With most accident cases, the at-fault party carries a liability insurance policy for auto, home, business, or property. Insurance coverage is the source of the funds for a wrongful death case, so filing a claim is the first step toward obtaining monetary damages.
- Settlement Discussions: Once you file your claim, you open the door to settlement negotiations with the insurance company. Many wrongful death cases do settle by agreement for a reasonable amount.
- Litigation in Court: If the insurance company will not agree to a fair amount as compensation, the next step is taking your case to court. You initiate litigation by filing a complaint, which is followed by motions, court appearances, and discovery. Once pretrial tasks are complete, the case is set for trial.
An Alaska Wrongful Death Attorney Will Guide You Through Each Step
It is helpful to know how these cases work, but you will need more than an overview of the legal process to recover fair compensation. To learn how our team can help, please contact Power & Power Law. You can contact our Anchorage, Alaska offices at 907-222-9990 or go online to schedule a no-cost case review. After learning about your circumstances, a wrongful death lawyer will advise you on the details.