Can I File a Wrongful Death Case in Alaska?

 

Even when the shock of losing a loved one in an accident affects you emotionally, you may already be feeling financial losses and other consequences. Under Alaska law, survivors have legal remedies to recover damages for these losses through a wrongful death case. The US Centers for Disease Control and Prevention (CDC) reports that the top causes of accidental death include car accidents, falls, and unintentional poisoning. If a family member died in a fatal accident such as these, you could seek compensation in a wrongful death case.

Wrongful death is a type of personal injury case, except that the victim was killed instead of merely being injured. Therefore, the key with these claims is that you must qualify to file a wrongful death action since the person who would normally pursue the case has passed away. An Anchorage wrongful death attorney can tell you whether you are eligible, but ask yourself a few questions about qualifying.

 

Do you have a cause of action?

This question seeks to find out if you meet the requirements for a personal injury case, which is usually based on negligence. You must be able to prove that the at-fault party acted in an unreasonably unsafe manner and that this misconduct was the direct cause of the fatal accident. You may sue for wrongful death due to negligence by many different people, such as:

  • Careless drivers;
  • Owners of buildings that do not maintain them, causing slips and falls and other accidents on property;
  • Physicians who overprescribe dangerous medications like opioids; and,
  • Many others.

 

Do you have standing?

Another important factor with wrongful death is whether you have the legal power to sue. In Alaska, only the personal representative of the deceased person’s estate has standing. This is often a surviving spouse, child, or parent, but it must be someone who has an order of the court. A personal representative may be named as executor in a will or appointed as estate administrator where there is no will.

 

What losses have you suffered?

The losses are measured either as a loss to the Estate or to the beneficiaries and are suffered because the decedent is no longer an active part of your life. The Estate and beneficiaries may be entitled to recover two types of compensation:

  • Economic damages are the out-of-pocket expenses and costs related to your loved one’s death. They include amounts for funeral, burial, and medical services.
  • Noneconomic damages in a felt in a personal way, such as losses for love, support, guidance, education, financial contributions, and inheritance.

 

Consult With an Alaska Wrongful Death Lawyer About Your Rights

Answers to these questions can help you understand whether you have a case for wrongful death, but there are additional factors to consider. Our team at Power & Power Law can explain the details, so please call 907-222-9990 or go online to reach our offices in Anchorage, Alaska. We can set up a free case review to learn more about your circumstances.