Wrongful Death

Barber & Associates is one of Alaska’s leading wrongful death firms, representing the families of victims of all types of fatal accidents.

Wrongful death is a term used to describe a situation in which a victim dies due to the neglect or carelessness of another party. Fatality accident victims have no rights under the law, but their families may be able to recover compensation through a wrongful death lawsuit.

At Barber & Associates, LLC, we understand that the loss of a loved one is the most devastating things you can experience. We are here to help you right the wrong by helping you recover compensation to pay for your loss.

What Are The Requirements for An Alaska Wrongful Death Lawsuit?

If you have lost a family member in an accident, it is important to understand your rights under Alaska’s wrongful death statutes. According to AS 09.55.580, when one party causes the death of a person through a wrongful act or a failure to act, the legal representatives of the victim have the right to file a wrongful death lawsuit if the victim could have sued when he or she was alive. Common grounds for wrongful death lawsuits include:

In general, the legal representatives have the right to file a claim for two years after the victim’s death.

Alaska law also states that the proceeds must be used exclusively for the deceased person’s spouse or dependents. This means that even if another party has an interest in the victim’s death, the proceeds recovered from any lawsuit must benefit the family members first. If there are no surviving family members, recovery is limited to pecuniary loss.

What Types of Damages Are Payable Under A Wrongful Death Lawsuit?

Wrongful death lawsuits are somewhat different from personal injury lawsuits. Alaska law provides that a wrongful death lawsuit can be filed to recover:

  • Loss of contribution of support for family members;
  • Loss of assistance or services to a beneficiary;
  • Loss of consortium;
  • Loss of prospective education;
  • Medical expenses;
  • Funeral expenses.

Additionally, a person who commits a felony resulting in the death of another person may not benefit from that person’s death through a wrongful death lawsuit. For example, if one spouse kills another, the survivor is not entitled to benefits from a wrongful death lawsuit.

Contact Barber & Associates, LLC today to learn more about how to recover compensation through a wrongful death lawsuit.

 

 

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