In Alaska, a wrongful death claim 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. The Personal Representative of an estate may bring such a claim.
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; and AS 09.10.070.)
There are exceptions, but usually when a claim is filed too late, outside of the appropriate time period, the court dismisses the case. For this reason, it is critical that anybody considering asserting a 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 decedent’s spouse, children, or “other dependents.” However, if there are no surviving spouse, children or “other dependents”, damages are paid to the estate.
Typical damages in these types of cases include:
- Lost child and spousal support contributions;
- Losing 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 the decedent experienced preceding death (AS 09.55.570);
- Burial and funeral expenses;
- Medical bills and expenses, including emergency care charges; and
- Lost wages by the decedent, including the value of future earnings.
These claims are very serious. Therefore, they need careful review and preparation by an attorney.
Merdes Law Office, P.C. specializes in wrongful death claims. Our personal injury attorneys are here to help discuss your legal options.
For further information or to schedule a consultation contact Merdes Law Office, P.C. at (866) 452-3741 or visit www.Merdes.com. And while we hope you never need us… We’re here if you do.
