The death of a loved one is never easy. However, suppose that loss occurs unexpectedly due to someone else’s negligent or wrongful actions. In that case, surviving family members may be entitled to seek compensation for their losses through a wrongful death claim. A wrongful death lawsuit is a civil action that allows surviving family members to recover compensation from the at-fault party’s insurance provider.
Generally speaking, the primary goal of this type of claim is to compensate surviving spouse, surviving children, and other possible dependents of the deceased individual who, if they had survived, would be able to file a personal injury claim against the at-fault party. So, in order to file a wrongful death lawsuit or claim, you have to prove that negligent actions of another person, entity or company caused the incident that resulted in loved ones’ death.
Similar to other personal injury claims, wrongful death claims can also be settled through negotiation with the insurance company of the liable party or by bringing a lawsuit to court.
Although no amount of money can replace a deceased family member, wrongful death damages are meant to assist families with the unanticipated financial effects of losing their loved one.
An Anchorage wrongful death attorney Sean Brown has represented many individuals whose lives have been permanently changed due to an unexpected loved one’s death.
Common Causes of Wrongful Death Cases
Wrongful deaths are specific types of personal injury cases where the injured party died. The at-fault party may also face criminal charges related to the fatality; however, a wrongful death suit is a separate, civil lawsuit.
Like any other civil lawsuit under Alaska law, you have to file a wrongful death claim within a certain legal deadline known as a “statute of limitations”. This deadline sets a strict time limit on how long a victim’s family has to pursue legal action. Although there are some exceptions, you typically have two years to file a wrongful death claim.
Common causes of wrongful death cases include a vehicle accident, medical malpractice and nursing home abuse, defective products, aviation crashes, and criminal behavior. Whatever was the cause, this unfortunate event can leave you numb with rage and confusion.
A loss of a loved one is always a tough and tragic experience, specifically when their death is unforeseen and a result of destructive or negligent actions of others. After their death, the suggestion of seeking a wrongful death legal action against the negligent party may be challenging; nevertheless, we can help.
Our skilled Anchorage wrongful death lawyer can help you handle your claim or lawsuit before the statute of limitation expires, so you can obtain justice and focus on healing.
Why Do You Need an Anchorage Wrongful Death Lawyer
There is absolutely nothing more devastating than losing a family member suddenly. But, when you lose a family member who was the sole financial provider, you can really feel lost and not know how to deal with everything.
Strict guidelines of who may file a wrongful death claim and receive monetary compensation are there to ensure that distantly related individuals don’t take advantage of the situation. Also, this provision of the law is designed to make sure those who are impacted the most by the deceased’s death get fair and just compensation.
Who Can Bring Wrongful Death Claims?
Bear in mind that, under Alaska law, only certain individuals may bring a wrongful death claim, including the deceased’s surviving spouse, surviving children, parents, other blood relatives, or any other surviving dependents of the deceased’s financial support. If an aged parent lives with their adult child and is dependent on them, they can recover damages. Other dependents who can seek damages include stepchildren or anyone dependent upon the deceased.
A personal representative of the deceased’s estate can also file the wrongful death claim, even though they are not a member of the family.
As you work to determine what to do moving forward, you need to have someone who is looking out for your best interests. A funeral service has to be organized and various other estate issues must be taken care of.
Anchorage personal injury attorney Sean Brown and his law firm, Alaska Accident and Injury Law Center, are here for you. Our firm offers superior legal representation in the field of personal injury law based on over 20 years of legal experience. Reach out to our local office and schedule a free consultation so we can discuss how to move forward and recover damages you may be entitled to.
Seeking Damages Through a Wrongful Death Lawsuit
Like other personal injury claims, wrongful death claims can be settled through negotiations with the insurance company of the responsible party insurance provider or brought to court as a lawsuit. In these types of cases, family members of the victim’s estate receive available monetary compensation.
Determining just how much payment to look for in a wrongful death situation can be difficult. Surviving relatives may be entitled to a financial award to cover:
- Medical expenses incurred prior death of their loved one
- Funeral expenses
- Lost wages, including the future expected income
- Pain and suffering
- Emotional distress and loss of companionship
However, the list isn’t exhaustive, and you may be entitled to recover compensation for other damages, depending on the specific circumstances of the Anchorage wrongful death case.
Also, plaintiffs may seek punitive damages in some cases whose purpose is to punish liable parties for egregious acts of negligence.
Although some damages can be easily calculated, others such as pain and suffering can be hard to quantify.
Each individual case is different, and that is why it’s crucial to have an experienced Anchorage attorney by your side who can quantify all such losses to the jury or insurance company evaluating your case.
What Compensation Can I Recover for a Wrongful Death Case
This area of law is extensive, incorporating every little thing from murder to civil liability. Even though many lawyers have a solid fundamental understanding of many legal topics, every issue has relevant statutes and court cases that periodically alter.
Choosing wrongful death lawyers who have actually chosen to concentrate on this particular niche will most likely result in a much stronger case with the better possibility of obtaining the maximum compensation available.
If you have lost a loved one due to another person’s negligence, make sure you contact us immediately so we can discuss your options during a confidential consultation.
Our law firm can negotiate with insurance companies and other parties in order to reimburse you for your medical bills and other expenses. Our experienced attorneys in Anchorage, AK, will do their best to ease your financial burdens, so you and your family can grieve.