When the negligent behavior of another caused a loved one’s death, the plaintiff may bring a wrongful death claim. Although negligence causes most wrongful death cases, you could bring a claim or lawsuit if a loved one was killed intentionally, such as in a homicide.
In wrongful death cases, a wrongful death claim must be filed, the case investigated, and compensation determined. A lawyer can assist you in learning how wrongful death claims operate in Alaska and can fight for your rights.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the survivors of a decedent due to someone else’s negligence or wrongful act. A wrongful death claim seeks to recover damages for the losses suffered by the survivors as a result of the death. These damages may include loss of love, companionship, comfort, support, and funeral and burial expenses.
To prove a wrongful death claim in Alaska, the plaintiff must show that the defendant’s negligence or an unlawful act caused the deceased’s death. The plaintiff must also show that the survivors have suffered damages due to the death.
You should contact a wrongful death lawyer in Alaska to discuss your legal rights and options if you have lost a loved one due to someone else’s negligence or wrongdoing.
Who Can Sue For Wrongful Death In Alaska?
In Alaska, the decedent’s spouse, child, parent, or personal representative may bring a wrongful death claim. A representative is usually appointed by the court and is responsible for bringing the lawsuit on behalf of the decedent’s estate.
Only their children could bring a wrongful death claim if the decedent was unmarried. If the decedent had no children, their parents could bring a case. The court will determine the appropriate parties to bring a wrongful death action.
What Damages Can Be Awarded In A Wrongful Death Lawsuit?
In a wrongful death lawsuit, the following damages could be awarded:
- The deceased person’s pain and suffering before their death.
- The deceased person’s medical expenses were incurred before their death.
- The deceased person’s funeral and burial expenses.
- The loss of the deceased person’s earnings and benefits, such as health insurance.
- The loss of the deceased’s love, companionship, comfort, care, assistance, and support to the survivors.
Who Pays the Fees and Costs of a Wrongful Death Lawsuit in Alaska?
Depending on the particular case, several different entities may be responsible for some or all of the expenses. The deceased person’s family can recover damages from the at-fault party through a personal injury claim or a wrongful death lawsuit. In addition, Alaska law allows the deceased person’s estate to recover certain economic damages, such as funeral and burial expenses.
The at-fault party in a wrongful death case is typically responsible for paying the legal fees and costs incurred by the deceased person’s family. However, many factors can affect who ultimately pays these expenses. If the at-fault party has insurance, their insurer may cover some or all of the costs.
If the at-fault party cannot pay, the court may order them to pay some or all of the costs out of any settlement they receive. Ultimately, it is up to the court to determine who will pay the fees and costs associated with a wrongful death lawsuit.
How Do I Get Started on My Case?
To begin your case, you should gather some basic information and documentation. First, you need to obtain a copy of the death certificate. You also need to gather any medical records related to the final illness or injury that caused the death. If an insurance policy covers the deceased person, you should also provide a copy of that.
After gathering the necessary information and documentation, you should meet with an experienced wrongful death attorney. Your attorney will review your case and determine whether or not you have a valid claim. If your attorney believes you have a valid claim, they will file a complaint on your behalf in court.
What Are The Limits To What You Can Recover For Pain And Suffering?
The limits to what you can recover for pain and suffering in a wrongful death lawsuit in Alaska vary depending on the circumstances of the case. In general, however, you can recover damages for the mental anguish and emotional distress caused by the death of your loved one. You could also recover damages for any physical pain and suffering that you experienced due to the death.
However, there are some limits on the damage you can recover. For example, Alaska law generally caps non-economic damages at $400,000. This means that you cannot recover more than $400,000 in damages for pain and suffering, regardless of how much pain and suffering you experienced.
Additionally, Alaska law requires that you must show that the death of your loved one was caused by someone else’s negligence or intentional misconduct to recover damages for pain and suffering. If you cannot show that someone else’s negligence caused the death, you cannot recover any damages for pain and suffering.
While nothing can truly compensate for the loss of a loved one, pursuing a wrongful death lawsuit can help hold the responsible party accountable and may provide some measure of justice and closure for grieving family members.
