In Alaska, a wrongful death claim for may be filed when a person’s death results from a wrongful or negligent act or omission of another. Oftentimes the other person’s negligence is the result of bad (or drunk) driving. Such a claim may be brought by the Personal Representative of a deceased person’s estate.
Wrongful Death Time Limits
Wrongful Death claims must normally be either: (1) informally “settled” with the negligent person’s insurance company; or (2) filed with the Court (a lawsuit) within two (2) years. AS 09.55.580; AS 09.10.070. There are exceptions, but normally when a Wrongful Death claim is filed too late – outside of the appropriate time period – it is dismissed by the court. It is thus critical that anybody considering asserting a Wrongful Death claim take immediate action. Call an attorney ASAP to protect your family’s rights.
Wrongful Death Damages
In Alaska,wrongful death damages are typically awarded to the deceased person’s spouse, children, or “other dependents.”AS 09.55.580. However, if there are no surviving spouse, children or “other dependents” – damages are paid to the deceased person’s estate.
Typical damages awarded in wrongful death cases include:
- Lost child and spousal support contributions
- Loss of household services previously performed by the decedent
- Loss of future education and training
- Loss of future comfort and care(consortium) the decedent would have provided to his or her spouse, children or “other dependents”
- Pain and suffering experienced by the deceased preceding death (AS 09.55.570)
- Burial and funeral expenses
- Medical bills and expenses, including emergency care charges
- Lost wages, including the value of future earnings by the deceased
Wrongful Death claims are very serious. They need to be carefully reviewed and prepared by a qualified attorney. If you are considering filing a wrongful death action, it is in your best interest to contact a highly experienced law firm that specializes in wrongful death claims such as the personal injury attorneys in Alaska at Merdes Law Office, P.C. to discuss your legal options. The Merdes Law Firm is Board Certified and AV rated. At Merdes Law Office, we fight for families’ rights. We ensure that you remain apprised of your legal rights and options as you successfully pursue your wrongful death claim. For further information or to schedule a consultation contact Merdes Law Office, P.C. at (866) 452-3741 or visit www.Merdes.com.