Don’t Neglect Wrongful Death Claims In Alaska
The Basics Of Wrongful Death Claims
A wrongful death claim is brought by a “party in interest” on behalf of the estate of a person who passed away as a result some wrongful or negligence act of another person or entity. Such cases may arise out of an automobile accident, medical malpractice, product defects, criminal activity, severe slip-and-falls or trip-and-falls, or any other cause. The estate representative is typically a family member but is also permitted to be anyone else that suffers as a result of the death.
Importantly, and where most cases are lost, is the rule that a party bringing the wrongful death claim—as with most personal injury claims—must file the lawsuit within two years of the date of death. When this “statute of limitations” is not complied with, the defendant(s) can file a motion to dismiss and will likely prevail, resulting in no recovery at all for the estate. The Best Alaska Wrongful Death Lawyer will not miss such a deadline.
Also similar to other personal injury claims, the representative of an estate of a deceased person can recover monies for economic damages—including medical expenses, funeral expenses, out-of-pocket expenses, lost earnings after death, and loss of services—as well as non-economic damages—typically loss of services, loss of consortium and other more subjective types of damages. Alaska rarely allows recovery for punitive damages.
Compensation for loss of support is somewhat difficult and subjective, as a person seeking such monies is required to prove that the decedent provided him or her financial support and how much. As much of this may have been cash, it may be difficult to prove.
Minor children are often entitled to compensation for loss of support through the age of eighteen and college. But to obtain this award, the estate representative must prove that the deceased would have contributed this amount had he or she survived. Past practice is the best proof of what the future would have brought.
More concrete is the ability of the surviving spouse to receive compensation for loss of support, as she will get such monies until the age it was believed the deceased would have stopped earning.
Alaska’s Survival Laws
The Best Attorneys In Wasilla Ak know that Alaska has some specifics when the situation arises where a decedent suffered an injury at one point but did not die until some later juncture. Recovery in such a situation is contemplated by Alaska’s “survival laws,” which afford an estate representative the ability to not only to recover damages attributed to the period following the decedent’s death, but also for damages suffered by the deceased between the moment of injury and the actual time of death. Most often, recoveries under these laws include the not-yet-deceased person’s pain and suffering as well as lost earnings for that period.
As you can see, there is to know about wrongful death claims. Imagine how much more difficult it will be when also suffering the emotional losses attached to someone you care for passing away. This is why the Best Alaska Wrongful Death Lawyer is available to make sure nothing is missed. So be sure to reach out to the Best Attorneys In Wasilla Ak and recover the compensation you deserve.
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