Wrongful Death Attorney Near Me

Losing someone special to you is devastating, especially if another person is to blame for the death. Despite facing dramatic changes to your life, you must also deal with the paperwork and challenges associated with holding that person or entity accountable. Doing so can be taxing when you are already grieving, but working with our skilled wrongful death attorney near me law firm at Farnsworth & Vance in Anchorage, Alaska can make the burden easier to bear.
At Farnsworth & Vance, we are dedicated to helping families who have suffered loss at the hands of wrongdoers. No amount of financial compensation will ever replace your family member, but you can deal with the future more peacefully when you have the resources to comfortably move into the next chapter of your life. Our Anchorage personal injury lawyers offer free consultations to help you understand how to begin a wrongful death action.
Why Choose Farnsworth & Vance for a Wrongful Death Claim
Wrongful death actions can be very complicated, requiring a strong background in many areas of the law. At Farnsworth & Vance, our team brings nearly 50 years of experience to the table, assessing your case, investigating the details, and building the most persuasive arguments possible for your situation. We are also dedicated to serving the people of Anchorage, AK, and the entire state with honesty, integrity, and compassion.
Our wrongful death lawyers can negotiate fiercely on your behalf with their insider knowledge of the insurance industry. Attorney Jeffrey Vance spent many years working for an insurance giant, and he now applies that experience to prevent those companies from taking advantage of our clients. Attorney Ty Farnsworth has suffered personal injury and dealt with the same underhanded techniques you may be facing when dealing with insurance providers.
Both Jeff and Ty are committed to the Alaskan way of life and the independent mindset of its people, including indigenous tribes. Based in North Star, they are here to serve clients as wrongful death attorneys in South Central Alaska, the Gulf Coast Region, and throughout the state. With millions of dollars in settlements and verdicts, we believe we have what it takes to be the right choice for you and your family.
What Does It Cost to Hire a Wrongful Death Lawyer Near Me?
Fortunately, you do not have to let worries about costs prevent you from getting the powerful legal representation you need after a wrongful death. We offer case reviews with no cost and no obligation, assessing whether you have a case and how you might proceed. If we work together, you do not pay us unless we win for you.
You do not pay retainers or upfront fees. You simply pay us with a percentage of your settlement or jury award. We discuss what that percentage will be so you can make an informed decision, then rest easy knowing we are working hard to secure the compensation you need after your loved one’s wrongful death.
How Does Alaska Law Define Wrongful Death?
A wrongful death, under the law, happens when it results from someone’s negligent action or inaction that led to the death. The at-fault party could be an individual, a company, or a government agency. Regardless of who is liable, you can collaborate with a wrongful death lawyer near you to hold the liable parties accountable for their harm.
Under Alaska Statutes § 09.55.580, the executor or personal representative (PR) for the deceased’s estate can file a wrongful death action seeking compensation from those at fault. It may begin as an insurance claim against the negligent party, or it may go to trial if there is no satisfactory settlement offer. Wrongful death actions are civil proceedings separate from any criminal trial the liable party may face.
In general, the PR files a wrongful death action after the person dies, especially if the death occurred immediately after the negligent action. If the person lived for a period of time and either did bring or could have brought a personal injury claim against those who hurt them, then the PR may bring a survival action. Survival actions seek relief for all the expenses before death, while wrongful death actions demand compensation for losses associated with the impact of the death.
Who Can File A Wrongful Death Suit In Anchorage, AK?
As mentioned, the PR or executor named in the deceased’s will is the only person who can file a wrongful death claim in Alaska. If the person did not have a will, the probate court will appoint someone to serve, potentially a family member or other trustworthy individual. They will manage the estate, including working with wrongful death lawyers to file a case.
While the PR files the case, the estate will receive any settlement or jury award. Therefore, if you are an heir or dependent, you can receive part of the compensation according to the terms of the will or according to Alaska intestate succession law (if there was no will). Eligible individuals include the deceased’s spouse, children, parents, or other dependents.
You Only Have Two Years to File a Wrongful Death Claim in Alaska
After a death, the days and weeks blend into one another, making it hard to take action on anything. Even though you may successfully coordinate the funeral, you may struggle to wrap your mind around trying to deal with lawyers and court affairs. However, under the Alaska wrongful death statute mentioned above, the PR or executor must file a legal action within two years of the person’s death.
There are some exceptions, such as when the wrongful death was not discovered until later, or if the beneficiary is a minor. Yet, it is vital to hire a wrongful death attorney near you as soon as you suspect wrongdoing in your loved one’s death. Doing so gives your legal team the best chance of building a robust case and securing the compensation you need.
Common Causes of Wrongful Deaths in Anchorage, AK
There are a number of ways a person could experience a wrongful death. In Alaska, we are closer to nature than in many locations, but our residents may die in similar situations. Some of the common types of accidents our wrongful death attorneys see in cases include the following:
- Vehicle accidents: Drunk driving, speeding, reckless driving, and distracted driving are common factors in both car accidents, truck accidents, and motorcycle accidents on rural roads and highways.
- Non-vehicle accidents: Those involved in pedestrian and bicycle accidents are more likely to die instantly or pass away from their injuries.
- Defective or dangerous products: The National Safety Council (NSC) recorded over 12.7 million injuries in the US from faulty products in 2023. Many of these injuries from ladders, generators, home appliances, or other items can lead to fatalities.
- Small plane crashes: Traveling the vast expanse of Alaska leads many to choose private planes, leading to deadly aviation accidents.
- Medical malpractice: Although less common than vehicle accidents, birth injuries, botched operations, misdiagnoses, and other forms of medical malpractice lead to many wrongful deaths each year in Alaska.
- Hunting accidents: Many Alaskans maintain a defensive arsenal for protection against large animals or to provide for their families. Unfortunately, mistakes can lead to firearm accidents that result in wrongful death.
- Assault or violent crimes: Unfortunately, Alaska’s violent crime rate was over five times the national average in 2023, according to a presentation from the Anchorage Justice Center. When your loved one dies this way, the criminal trial does nothing to help the family recover, so they must seek compensation through a wrongful death claim.
- Premises liability accidents: Slip-and-fall accidents or those involving hazards on someone else’s property can cause wrongful death. For example, under the Alaska Landlord & Tenant Act, you could have grounds for a wrongful death lawsuit if your family member died due to a preventable hazard on the property.
- Workplace accidents: Many industries in the Gulf Coast Region and South Central Alaska involve dangerous equipment and environments. Companies must comply with Occupational Safety and Health Administration (OSHA) guidelines, but when they fail to do so, survivors can seek compensation for a wrongful death.
In fatal accidents, negligence, carelessness, or even intentional malice could be the reason your loved one died. At Farnsworth & Vance, we conduct a full investigation to uncover the truth about what happened and who is at fault. Contact us for a free case review so we can begin to secure the compensation you need and deserve from the liable parties.
Your Wrongful Death Case Depends on Showing Negligence
Every personal injury case hinges on demonstrating the four elements of negligence to establish how the other party is liable for causing you harm. In a wrongful death claim, this can be complicated, since there are numerous factors that could make it appear someone is actually innocent or that the deceased played some part in their death. Creating a clear and compelling narrative is your wrongful death lawyer’s primary task.
You bear the burden of proof in a civil case, and your attorney must collect evidence showing the following:
- The defendant owed your loved one a duty of care: You must show how the at-fault party had a duty of care to behave in the same manner as a reasonable person would in a similar situation. For example, all drivers should drive safely and avoid hurting others on the road.
- The defendant failed in their duty of care: Also known as breach, the evidence must show how the person failed to protect your loved one, such as by driving drunk, mishandling a firearm, or not repairing a hazardous condition on their property.
- The defendant’s actions or inactions led to your family member’s death: Using various documentation, your attorney must show how the other party’s actions or refusal to act was a direct cause of death or a fatal injury.
- The defendant owes you damages: Your attorney will present a list of the costs associated with the person’s death, including its impact on the surviving family. By demonstrating their negligence, your lawyer shows that they must pay you for your losses.
All this information begins as part of your demand letter to insurance companies or at-fault parties. By working with a qualified wrongful death lawyer near you, you can show the other side that you are taking their negligence seriously and will not let them off the hook. At Farnsworth & Vance, we manage details like demand letters, court filings, and other concerns on your behalf so you can support your family in their grief.
Alaska Law Allows You to Seek Certain Damages in a Wrongful Death Case
When you have been hurt or lost property as a result of someone’s negligence, you can request repayment for various expenses, known as damages, in a personal injury claim. If your loved one had begun a claim against the party responsible for their harm before passing away, they could request compensation for their medical expenses, lost income, property repair or replacement costs, and other losses. For wrongful death claims that start after the person dies, Alaska law describes specific kinds of damages you are eligible to receive.
Alaska Statutes § 09.55.580 allows you to demand any damages that are a natural consequence of the death by another’s negligence. This would include all medical and funeral expenses, but it also allows the following:
- Loss of financial support to dependent survivors
- Loss of inheritance equal to the potential amount had the person lived
- Loss of services, such as cooking, cleaning, home care, childcare, or others
- Loss of consortium, which is the unique and intimate relationship between spouses and partners
- Loss of guidance, education, comfort, and training for children
The wrongful death claim can also request payment equal to the potential amount of inheritance the deceased would have left to survivors. Generally, the state does not limit damage awards in personal injury claims unless they involve medical malpractice. Your Anchorage wrongful death attorneys at Farnsworth & Vance will examine the law and help you calculate your total damage demands under any applicable laws.
Choose Farnsworth & Vance as Your Trusted Wrongful Death Attorney Near Me Law Firm
Losing a loved one is devastating enough, but you need experienced and tenacious representation when that loss is due to someone else’s actions. Give yourself the gift of legal support and representation from a wrongful death attorney near you from Farnsworth & Vance. We are ready to discuss your case during a free consultation at your convenience. Use our online form today to arrange a meeting and put your worries to rest. Compassion, knowledge, and perseverance are the hallmarks of our dedication to each client. Let us help you with your financial recovery so you can move forward after a loss.