What Is Wrongful Death?

In legal terms, a death is “wrongful” when it results from the negligent or unlawful actions of another person, manufacturer, company, or entity. In other words, if the victim would have been able to pursue a personal injury action if he or she had survived, it is likely that his or her family members or loved ones may bring a wrongful death action. Wrongful death actions are civil claims meant to secure monetary compensation for a victim’s family and are separate from any criminal prosecution the responsible party may be facing at the same time.

Wrongful deaths are often caused by:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Acts of medical malpractice/negligence
• Defective or dangerous products
• Pedestrian accidents
• Bicycle accidents
• Unsafe premises

Note that this list is by no means exhaustive. If your loved one died and you believe someone else is to blame, we encourage you to reach out to our attorneys for a complimentary case evaluation.

How Do You Prove Wrongful Death?

In many instances, proving negligence following the death of a loved one can be complex and difficult. If liability isn’t clear or understood, an attorney can help make sure that all details of the case are thoroughly investigated. Your attorney will also be able to help you understand what must be proved in your wrongful death case such as:

• Duty of Care
• Breach of Duty of Care
• Causation

Your attorney will be able to walk you through each part of your case and can help you understand the intricacies of proving negligence in cases of wrongful death.

Who Can File A Wrongful Death Suit In Anchorage?

Technically speaking, the personal representative of the deceased individual’s estate must be the one to bring a wrongful death action. If the deceased passed away without a will, a personal representative will be appointed by the court. Anyone who stands to inherit a portion of the deceased’s estate, including heirs and dependents, may recover compensation in a wrongful death claim. This includes surviving spouses, children, parents, and anyone else who depended on the deceased while he/she was alive.

Compensation In Alaska Wrongful Death Cases

While every case is different, most successful wrongful death actions provide compensation for damages such as medical expenses incurred prior to death, funeral costs, loss of support, loss of income, loss of expected inheritance, pain and suffering, and more. Since the value of your case will vary based on the circumstances leading to your loved one’s death, it is important to discuss your situation with a knowledgeable attorney to determine the full range of compensation available to you.

How Long Do You Have To File A Wrongful Death Case In Alaska?

Like any other civil lawsuit, wrongful death claims in Alaska are subject to a legal deadline known as a “statute of limitations” which sets a strict time limit on how long a victim’s family has to pursue legal action. Under most circumstances, you have until the second anniversary of your loved one’s death to file a wrongful death claim. This deadline may sometimes be extended in situations where the statutory beneficiary is a minor, but Alaska’s statute of repose requires all wrongful death claims be brought within 10 years of the cause of death.

If you fail to file a claim within the allotted time period, you could lose your right to sue and be permanently barred from recovering compensation. It is therefore essential to get an attorney involved early on to guard your family’s rights and ensure you are compliant with all applicable deadlines.

Get Started On Your Wrongful Death Lawsuit Today

Our team has a history of success with a legal team you can trust. If you’ve lost a loved one in an accident, we want to help.

For more information or to schedule a free consultation with our compassionate and experienced Anchorage wrongful death lawyers, call (907) 290-2576 today.