Dealing with the death of a family member or friend is never easy, but the tragedy is even greater when the death comes due to the fault of a third party. In a wrongful death lawsuit, the plaintiff and his/her attorney work together to establish fault for the death and to seek damages related to the event. If you’re considering a wrongful death suit, it’s important to understand the basics before you proceed.
What is a Wrongful Death?
In its most simple form, a wrongful death claim revolves around the direct legal fault of another person or entity. Wrongful death suits run the gamut from medical malpractice to product liability — any situation in which the death of an individual can be directly attributed to the action or inaction of another is grounds for a wrongful death suit. Note the “inaction” part; if, for example, a car manufacturer is aware of a flaw in its vehicles and does nothing to fix that flaw, any deaths directly tied to that flaw are suitable grounds for a wrongful death suit against that company.
A wrongful death attorney in Alaska is your best ally when it comes to determining whether your claim is appropriate for a wrongful death suit.
What to Expect?
If you are the immediate family member, life partner, financial dependent, spouse, or someone else who suffers financially from a death, you may be eligible to file a wrongful death suit. The plaintiff must prove to the court that the death was caused by a defendant’s direct action or inaction. The cause of death must be directly tied to this action/inaction, and the plaintiff must establish evidence that he or she suffers financially as a result of the death. It is a difficult court process that requires the aid of an experienced attorney.
Merdes Law Office has helped injured Alaskans for more than 25 years, it’s who we are. And while we hope you never need us… we’re here if you do.