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What Makes It Wrongful Death?

By StatusMessagesQuotes Jan 12, 2024
top Alaska wrongful death lawyer

A tragic loss of life due to another’s actions or negligence can lead to a legal action known as a wrongful death claim. This legal concept, grounded in historical and contemporary law, seeks justice and compensation for the aggrieved families. Particularly in Alaska, wrongful death laws offer a path for seeking reparations and acknowledging the profound impact of such a loss.

Compensation in Wrongful Death Suits

In Alaska, wrongful death claims are a form of civil litigation distinct from criminal proceedings. These suits are essential for surviving family members to recover damages due to the untimely death of a loved one. 

Compensation typically covers aspects such as the decedent’s financial support, loss of consortium, training, education, funeral costs, and medical expenses. This compensation is not just monetary relief but also a recognition of the loss suffered by the family​​.

Variability of Settlements

Wrongful death settlement amounts are difficult to pinpoint to an average because they vary widely, ranging from tens of thousands to millions of dollars. This variability is due to the unique circumstances of each case, such as the incident causing death and the consequential losses suffered by the family​​​​​​.

Economic Damages

These damages are intended to provide financial restitution for the tangible losses incurred due to the wrongful death. Economic damages in wrongful death cases include specific, quantifiable financial losses. This can include various expenses and financial impacts directly linked to the individual’s death​​​​.

Types of economic damages are: 

  • Medical Bills. Expenses related to the fatal injuries the deceased person sustained.
  • Funeral and Burial Expenses. Costs associated with the funeral services and burial or cremation of the deceased.
  • Loss of Earnings. Compensation for the income the deceased would have likely earned had they not passed away. This includes both past and future earnings.
  • Loss of Prospective Training and Education. If the deceased was expected to contribute to the education and training of dependents, this loss can be quantified and claimed.
  • Value of Lost Domestic Services. This includes the economic value of services the deceased would have provided to their family, such as household tasks​​​​.

Note that Alaska has no cap on the amount of economic damages that can be awarded in wrongful death cases. This means that the compensation for actual financial losses due to a person’s death is not limited by state law, providing a broader scope for financial recovery for the families of the deceased​​​​.

Non-Economic Damages

Non-economic damages are awarded to compensate for the intangible, emotional losses that result from the death of a loved one. While more challenging to quantify than economic damages, these damages play a critical role in providing a measure of solace and justice to the bereaved family.

These damages encompass various forms of emotional and psychological distress experienced by the family members due to the wrongful death. Also, they are not directly tied to financial losses but to the emotional impact and loss of companionship​​​​​​. Examples include:

  • Pain and Suffering. Compensation for the emotional distress and mental anguish suffered by the family members.
  • Loss of Enjoyment of Life. If the deceased person’s absence significantly affects the family’s ability to engage in and enjoy life activities.
  • Loss of Consortium. Compensation for losing a familial relationship, particularly for a spouse, covers aspects of companionship, affection, and sexual relations.
  • Loss of Comfort, Care, Protection, and Companionship. This includes the emotional support and security the deceased person provided their family​​​​​​​​.

Filing a Wrongful Death Claim: To recover these non-economic damages, the personal representative of the deceased’s estate must file a wrongful death claim. This claim is intended to benefit the deceased’s immediate family members, such as the surviving spouse and children or other dependents who relied on the deceased before their death​​.

Punitive Damages

In deliberate or egregious misconduct cases, many states allow punitive damages. These damages are not compensatory but are designed to punish the defendant for their actions. The amount varies and is awarded only when there is clear and convincing evidence of the defendant’s serious misconduct​​.

Negligence in Wrongful Death Claims

Central to wrongful death claims in Alaska is the concept of negligence. For a claim to be successful, it must be established that the responsible party had a legal duty of care, which they breached, leading directly to the fatal incident. This breach of duty could be due to careless acts, omissions, or even intentional harm. These claims focus on the surviving family’s losses rather than the deceased’s harm​​.

Wrongful Death Unique Aspects

The unique aspect of wrongful death claims is their focus on the aftermath of the loss rather than the incident itself. These claims consider the broader impact on the family, encompassing emotional and financial aspects. Unlike other personal injury claims, wrongful death suits center on the void left by the deceased, acknowledging the multifaceted loss experienced by the family.

Why You Need Wrongful Death Lawyers

In Alaska, the victim’s personal representative, designated either through a will or by a probate court, is typically responsible for filing a wrongful death lawsuit. This action benefits the deceased’s spouse, children, or other dependents reliant on the decedent for support. The role of a top Alaska wrongful death lawyer becomes pivotal in navigating the complexities of such cases, ensuring that the rights of the survivors are adequately represented, and the compensation sought is commensurate with the loss experienced​​.

Wrongful death claims are a legal remedy for families grappling with the loss of a loved one due to another’s actions. These claims offer a pathway to obtain compensation and acknowledge the deep impact of such a loss. If you are dealing with such a situation in Alaska, consult a wrongful death lawyer to guide you through this challenging process and help secure the justice and compensation you deserve.

By StatusMessagesQuotes

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