Anchorage
Wrongful Death Attorney

What Is Wrongful Death?

In legal terms, a death is considered wrongful when it results from the negligent and wrongful action or omission 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 the injury, it is likely that his or her family members or loved ones may bring a wrongful death action against the at-fault party. 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.

In Alaska, a wrongful death lawsuit must be filed by a personal representative or executor of the estate under Alaska Statutes § 09.55.580. This is unlike many other states where close family members such as children or the spouse of the deceased would be able to file the lawsuit directly. Generally, any person over 18 who has not been convicted of a felony is able to serve as an executor. Consult with your wrongful death attorney to see if you qualify.

If your family is considering filing a wrongful death claim, it is vital that you speak with a wrongful death lawyer in Anchorage. We will help you with the legal details and deadlines in dealing with filing, collecting documents, and other important steps. Filing a wrongful death claim is a critical step in the recovery process for surviving family members and loved ones. Rest easy knowing that the legal process is being handled with compassion and expertise. Let us fight for the justice your loved one deserves while helping ease the financial burden during this difficult time.

What Are Common Causes of Wrongful Deaths?

Wrongful deaths occur after an injury caused by another party’s negligence ends in a fatality. Wrongful deaths can occur instantly at the time of the accident or after months or years of attempted recovery. Any death that was directly a result of a personal injury can be considered a wrongful death. Some common causes include:

• Car accidents and Truck accidents: Drunk driving, distracted driving, speeding, and reckless behavior are all leading causes of car accidents that may result in wrongful death.
• Acts of medical malpractice/negligence: Surgical errors, medication errors, misdiagnosis, and failure to diagnose serious medical conditions can be considered medical malpractice or negligence when the medical professional deviates from the accepted standard of care and can result in wrongful death. In these cases, medical professionals, as well as their practices and certifying boards, may be held liable.
• Defective or dangerous products: Product liability occurs when a product is defective, designed in a dangerous manner, or fails to warn users of dangers and can lead to fatalities. In these cases, manufacturers, distributors, and/or retailers may be held liable.
• Pedestrian and bicycle accidents: Similar to car accidents but involving a pedestrian or bicyclist victim, these accidents can often result in a wrongful death.
• Workplace accidents: If employer negligence contributed to a workplace accident that ended in a fatality, wrongful death claims may be pursued.
• Nursing home abuse and neglect: When negligence or abuse leads to a resident’s death, families may be able to pursue a wrongful death claim.
• Slip and fall accidents or unsafe premises: When a dangerous condition on someone’s property leads to a wrongful death, the property owner may be held accountable. An example would be a swimming pool without proper fencing that leads to someone drowning.
• Violent crimes: In cases of an assault or homicide, a family may choose to bring a civil suit against the defendant separate from any criminal trials that are being pursued. An infamous example of a successful violent crime settlement is the wrongful death lawsuit against OJ Simpson after he was acquitted in his criminal case. 

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. No amount of compensation can replace the loss of a loved one, but securing a fair settlement can ease the financial burden left on your family and help you move forward during this challenging time.

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, your wrongful death attorney can help make sure that all details of the case are thoroughly investigated and built upon the strongest evidence available. The burden of proof lies with the plaintiff or family member filing the lawsuit, which means you will need to understand what must be proved in your wrongful death case. Here is a breakdown of the elements of a wrongful death claim that need to be proven:

• Duty of Care: It must be established that the defendant owed a reasonable duty of care, and the breach of this caused the death of your loved one. An example of duty of care would be drivers owing a duty to obey traffic laws and drive responsibly.
• Breach of Duty of Care: It must be established that the defendant breached this duty with an intentional action or inaction that caused the wrongful death. Evidence for this could include police reports, accident scene investigations, eyewitness testimonies, medical records, or reports depending on the cause of death.
• Causation: It must be established that there was a direct link between that negligence and your loved one’s death. This can be backed up with medical records and testimony from professionals that show the defendant’s actions or inaction caused the fatal injury.
• Damages: In any personal injury case, evidence for all losses must be provided with the demands for settlement.

Your attorney will conduct a thorough investigation to gather supporting evidence and to build your strong case. They will compile all documentation into a demand letter to send to insurance companies or file a lawsuit on your behalf to secure a settlement. We will walk you through each part of your case and can help you understand the intricacies of proving negligence in cases of wrongful death. Contact us today for a free consultation to discuss your unique case and understand how we can help you seek justice and compensation for your loss.

Who Can File A Wrongful Death Suit In Anchorage, AK?

The personal representative or executor of the deceased individual’s estate must be the one to bring a wrongful death action under Alaska Statutes § 09.55.580. 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.

Types of Compensation Available In Alaska Wrongful Death Cases

While every case is different, successful wrongful death actions provide compensation for economic damages, such as medical bills as well as non-economic damages, including pain and suffering. 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. Your wrongful death attorney will help you calculate a comprehensive settlement that encompasses all current and future losses to help support your family in the years to come.

Types of Economic Damages

Economic damages include losses that are tied directly to a financial cost which can be supported by receipts, invoices, bills, pay stubs, and other records. While there are no caps on economic damages, all must be thoroughly supported with documentation as evidence:

• Medical bills, including hospital stays, doctor visits, and medications
• Ambulance services and other transportation needs
• Funeral, burial, and other end-of-life expenses
• Loss of income from the financial support your loved one would have provided if they survived
• Loss of support and household services from the things your loved one would have done around the house, such as childcare, yard work, cleaning, and cooking
• Loss of expected inheritance
• Out-of-pocket expenses
• Property damage, including damage to a vehicle, bicycle, or other belongings

Your Anchorage wrongful death lawyer will work with you to collect records of any expenses and calculate any future expenses that could be incurred directly tied to the wrongful death. With proper evidence to support your losses, your legal team will be able to build a strong case and demonstrate the full financial impact of the wrongful death on your family.

Types of Non-Economic Damages

Non-economic damages are losses that are harder to tie to a specific monetary worth but are still significant in the lives of the surviving family members. Your wrongful death attorney will work with you to establish this calculated amount based on the nature of the injury, the severity, and other factors. Non-economic damages can include:

• Pain and suffering
• Emotional and mental anguish
• Loss of companionship
• Loss of consortium

Currently, there is a cap on non-economic damages per Alaska Statutes § 09.55.549. This means that there is a limit on the amount of non-economic damages that can be awarded, which is set at $400,000 or the deceased’s life expectancy in years multiplied by $8,000. Your wrongful death attorney will help you understand the specific types of damages you may be entitled to in your case and help you calculate your losses to secure a fair settlement.

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

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 Alaska Statutes § 09.55.580, the executor of the estate or personal representative has two years after the death of the loved one to file a wrongful death claim. There are some cases in which this deadline may be extended, such as in situations where the statutory beneficiary is a minor. 

It is important to consult as soon as you are able with an Anchorage wrongful death attorney to discuss your options. Missing the deadline to file can keep you from receiving any settlement after a wrongful death. If you fail to file a claim within the allotted time period, you could lose your right to a wrongful death claim and be permanently unable to recover compensation. 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. Choose Farnsworth & Vance for compassionate care and experienced legal support. Schedule a free consultation with our Anchorage wrongful death lawyers online or call us day or night at (907) 416-9072. We will answer any questions you might have about your case and available options. 

For more information or to schedule a free consultation with our compassionate and experienced Anchorage wrongful death lawyers, call (907) 290-8980 today.