Anchorage Wrongful Death Lawyers
When someone's carelessness takes the life of a person you love, Alaska law allows the family to hold them accountable.
Quick answer
In Alaska, the personal representative of the estate brings a wrongful death claim for the benefit of the spouse, children, or other dependents (AS 09.55.580). The lawsuit generally must be filed within two years after the death. Id. Claims involving a government agency can have different deadlines. If no personal representative has been appointed, we can help the family with that step.
What is a wrongful death claim in Alaska?
Alaska law allows a claim when a person's death is caused by the wrongful act or omission of another. The claim is available if the person could have brought an injury claim had they lived (AS 09.55.580).
No amount of money makes up for the loss of a family member. A claim can provide financial security for the family and hold the responsible people and companies accountable.
Who can bring a wrongful death claim?
The claim is brought by the personal representative of the person's estate. Id. If no personal representative has been appointed yet, we can help the family through that step.
When the person who died leaves a spouse, children, or other dependents, the recovery is for their benefit. When there is no spouse, child, or other dependent, the recovery goes to the estate and is limited to financial loss. Id.
What damages can a family recover?
Alaska law directs the court or jury to award a sum that fairly compensates for the loss caused by the death. The factors include:
- The financial benefits the family could have expected if the person had lived.
- Loss of financial support.
- Loss of the person's help and services.
- Loss of companionship and the family relationship (consortium).
- Loss of the training and education the person would have given.
- Medical and funeral expenses.
Claims the person had at the time of death also survive. The estate can pursue them as well (AS 09.55.570).
How long does a family have to file?
Under Alaska law, a wrongful death lawsuit must be filed within two years after the death (AS 09.55.580). Claims involving a government agency can have different and shorter deadlines. Call us early so we can protect the claim and the evidence.
What if the person who died was a child?
A parent may bring an action for the injury or death of a child below the age of majority (AS 09.15.010). A guardian may bring an action for the injury or death of a ward. Id. Talk with a lawyer early about which claims apply.
Does Alaska limit damages in wrongful death cases?
Alaska's limit on non-economic damages applies in wrongful death actions as well as injury actions (AS 09.17.010(a)). The limit is $400,000 or $8,000 times the person's life expectancy in years, whichever is greater (AS 09.17.010(b)). The higher limit for severe permanent impairment applies only in personal injury actions (AS 09.17.010(c)).
The statute does not limit economic losses, such as lost financial support. Medical malpractice cases have separate limits, including $400,000 for wrongful death (AS 09.55.549).
How does a wrongful death case move forward?
The first step is often having a personal representative appointed for the estate, if one has not been appointed already. We then investigate, gather the records, and work with experts to measure the family's losses. Many cases settle. Some are tried. We explain each step to the family before it happens.
Cases we handle
- Fatal truck and bus crashes and car crashes.
- Deaths on the water in boating accidents.
- Cyclists and pedestrians killed by drivers (bicycle and pedestrian accidents).
- Medical negligence, including care at federal facilities (Federal Tort Claims Act).
- Defective products and carbon monoxide poisoning.
How we help
- Investigate what happened and preserve the evidence.
- Work with experts, including economists who measure lost support and services.
- Deal with the insurance companies so the family does not have to.
- Take the case to trial when a fair settlement is not offered.
Talk with an attorney
Daniel Pace's practice includes wrongful death cases. We will listen, explain your options, and answer your questions at no cost.
Request a free consultationWe handle most injury and wrongful death cases on a contingency fee. No attorney's fee unless we recover for you. Clients may be responsible for case costs, and under Alaska law a losing party may be ordered to pay part of the other side's attorney's fees and costs. See how our fees work.
Frequently asked questions
What does a consultation cost?
Nothing. The first consultation is free, and talking with us does not obligate you to hire the firm.
Who can file a wrongful death claim in Alaska?
The personal representative of the estate files the claim. The recovery is for the spouse, children, or other dependents of the person who died.
Is a wrongful death claim the same as a criminal case?
No. A wrongful death claim is a civil case for compensation. It is separate from any criminal charges, and it can go forward whether or not charges are filed.
Sources
- AS 09.55.580 (wrongful death).
- AS 09.55.570 (survival of claims).
- AS 09.15.010 (claims for injury or death of a child).
- AS 09.17.010 (limits on non-economic damages).
- AS 09.55.549 (medical malpractice damages limits).
This page gives general information, not legal advice for your situation.