What You Should Know About Wrongful Death Claims in Anchorage, Alaska
Losing a loved one is an emotionally devastating experience that no one is ever truly prepared for. The grief, shock, and sorrow that accompany such a loss can feel overwhelming. It is even more difficult when your loved one’s death was caused by the wrongful actions or negligence of another person. While no amount of money can ever replace the emotional toll of losing a loved one, pursuing a wrongful death lawsuit can provide a sense of justice, help hold the responsible party accountable, and ensure that your family is supported during such a difficult time.
If you’re navigating the aftermath of a wrongful death in Anchorage, Alaska, it’s important to understand your legal options and the process of filing a wrongful death claim. This article will provide an in-depth look at wrongful death and survival claims, the types of damages you may be able to recover, the statute of limitations in Alaska, and the vital role a personal injury attorney can play in helping you seek justice for your loved one’s death.
Understanding Wrongful Death and Survival Claims in Alaska
Under Alaska Statutes (AS) 09.55.580 and AS 09.55.570, if someone dies as a result of another party’s wrongful act or negligence, their personal representatives can file a wrongful death lawsuit. This allows the surviving family members or other dependents to seek compensation for the harm caused by the death. It is important to note that wrongful death claims in Alaska are divided into two distinct types of claims: wrongful death claims and survival claims.
Wrongful Death Claim (AS 09.55.580)
A wrongful death claim in Alaska is a legal action that can be filed by the decedent’s personal representatives to recover compensation for the harm the deceased individual suffered before their death due to someone else’s negligence or wrongful act. This claim is for the benefit of the surviving family members or beneficiaries who have suffered as a result of the loss of their loved one.
Examples of situations where a wrongful death claim might arise include:
- A fatal car accident caused by a drunk driver.
- A death caused by medical malpractice or negligent healthcare practices.
- A fatal workplace accident due to employer negligence.
- A fatality resulting from a defective product or hazardous condition on someone’s property.
Survival Claim (AS 09.55.570)
In addition to a wrongful death claim, the personal representative of the decedent may also file a survival claim under AS 09.55.570. A survival claim is focused on the losses that occurred between the time of the injury and the time of death. Essentially, this claim allows the estate to recover damages for the pain and suffering the decedent endured before they passed away. The survival claim is filed by the personal representative of the decedent’s estate, and the compensation recovered is directed to the estate rather than individual family members.
Examples of survival claims include:
- Medical expenses for treatments the decedent received before death.
- Pain and suffering that the decedent endured as a result of their injuries.
- Lost wages for the time the decedent was incapacitated before passing away.
While both wrongful death claims and survival claims can be filed simultaneously, they are distinct claims that require separate legal proceedings and must be evaluated separately by the court.
Types of Damages You Can Recover in a Wrongful Death Lawsuit
When you file a wrongful death claim in Alaska, there are several types of damages you may be entitled to receive, depending on the specifics of the case and the relationship you had with the decedent. These damages are meant to compensate you for both tangible and intangible losses incurred due to your loved one’s death.
Loss of Pecuniary Benefits
Pecuniary benefits refer to the financial support that the decedent would have provided to their family had they not passed away. If the decedent was the primary breadwinner or contributed significantly to the household’s financial well-being, their surviving spouse and children may be entitled to compensation for the loss of these future financial benefits. This may include lost income, contributions to household expenses, and future inheritance.
Lost Wages
In Alaska, the surviving spouse and children of the decedent may be able to recover compensation for lost wages that the deceased would have earned had they lived. This can be especially important for families who relied on the decedent’s income for day-to-day living expenses. The court may consider the decedent’s employment history, salary, and projected future earnings when calculating lost wages.
Medical Bills and Funeral Costs
If your loved one received medical treatment before their death, you may be entitled to recover the costs associated with their medical care, including emergency treatments, surgeries, hospital stays, and other related expenses. Additionally, funeral and burial expenses can be a significant financial burden for surviving family members. Compensation for these costs is commonly awarded in wrongful death claims.
Grief and Anguish
The emotional toll of losing a loved one cannot be understated. While it is difficult to quantify emotional pain and suffering, Alaska law allows surviving family members to seek compensation for the psychological impact of their loved one’s death. This can include damages for grief, anguish, anxiety, and loss of companionship. These damages are typically awarded to close family members, including spouses, children, and parents.
Lost Child and Spousal Support
If the decedent provided financial support to children or a spouse, the surviving family members may be entitled to compensation for the support they would have continued to receive had the decedent survived. For example, if the decedent was supporting children through college or providing for a spouse’s care, the surviving family members may seek compensation for the lost financial support.
Loss of Consortium
In Alaska, a surviving spouse and children may also recover damages for the loss of companionship, care, and guidance that the decedent would have provided. This type of damage is often referred to as “loss of consortium” and compensates for the emotional and familial support lost due to the death.
Pain and Suffering Before Death
If the decedent suffered significant pain and suffering before passing away, their estate may be entitled to compensation for this hardship. This can include damages for physical pain, emotional distress, and suffering that occurred between the time of the injury and the death.
Punitive Damages
In cases where the defendant’s actions were particularly egregious or reckless, Alaska courts may award punitive damages in addition to compensatory damages. Punitive damages are intended to punish the negligent party and deter similar behavior in the future. For example, if the wrongful death was caused by a drunk driver or someone who knowingly put others at risk, punitive damages may be awarded to reflect the severity of their actions.
What Happens if the Decedent Had No Dependents?
If the decedent did not have any dependents, the damages awarded in a wrongful death lawsuit may go directly to the estate. However, in such cases, the recovery will be limited to pecuniary losses, such as lost earnings, inheritance, or other financial contributions the decedent would have made.
To calculate pecuniary losses, the court will determine the difference between the estate’s actual value at the time of death and the projected future value of the estate if the decedent had survived. This process can be complex and requires careful analysis of the decedent’s financial situation, including potential future earnings and the overall financial impact of their death.
Statute of Limitations for Wrongful Death in Alaska
In Alaska, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the decedent’s death. This means that if you plan to file a wrongful death claim, you must do so within this two-year period. If you wait longer than two years to file a lawsuit, your case may be dismissed, and you may lose the right to seek compensation.
It is important to act promptly after the death of a loved one, as evidence can deteriorate over time and witnesses may become harder to locate. The sooner you consult with an experienced wrongful death attorney in Anchorage, the better your chances of gathering the necessary evidence and securing the compensation you deserve.
Why You Need an Attorney for a Wrongful Death Case
Wrongful death cases can be emotionally and legally complex. While you are grieving, the last thing you need is to navigate complicated legal procedures on your own. An experienced wrongful death attorney in Anchorage, Alaska, can provide the support you need during this difficult time.
A wrongful death attorney can help in the following ways:
- Investigating the Incident: Your attorney will conduct a thorough investigation into the circumstances surrounding the death, gathering evidence, interviewing witnesses, and identifying liable parties.
- Filing Legal Claims: Your attorney will help you understand the different types of claims you can file (wrongful death and survival claims) and ensure that they are filed properly and within the statute of limitations.
- Negotiating Settlements: In many wrongful death cases, the defendant’s insurance company or legal team will try to settle the case out of court. Your attorney will negotiate on your behalf to ensure you receive fair compensation.
- Litigating in Court: If a settlement cannot be reached, your attorney will be prepared to take the case to trial, advocating for your rights and ensuring that the responsible party is held accountable.
Conclusion
Losing a loved one due to the wrongful actions of another person is one of the most devastating experiences anyone can face. If you find yourself in this heartbreaking situation, it is essential to understand your legal options and seek the help of a compassionate and experienced wrongful death attorney in Anchorage. Farnsworth & Vance are here to help you navigate the complexities of wrongful death claims and ensure that you and your family receive the justice and compensation you deserve.
Contact our office today at (907) 416-9068 to schedule a free consultation and learn more about how we can assist you with your wrongful death claim. You don’t have to go through this alone – we’re here to help you every step of the way.