What Is a Wrongful Death Suit in Alaska?
A wrongful death suit is a legal action that seeks compensation for the death of an individual caused by the negligence or misconduct of another party. In simple terms, if someone dies because of someone else's carelessness or intentional harmful act, their surviving family members may have grounds to file a wrongful death lawsuit.
For instance, consider a situation where a person is killed in a car accident due to another driver's reckless behavior. The deceased person's spouse could potentially file a wrongful death suit against the reckless driver, seeking damages for things like loss of future income, emotional distress, and funeral costs.
Damages in a Wrongful Death Suit
The primary objective of a wrongful death suit is to provide financial relief to the deceased's dependents who are suffering emotional and financial damages due to the loss. The types of damages available in these cases often include compensation for:
lost wages and benefits the deceased would have earned,
medical expenses prior to death,
funeral and burial costs, loss of companionship, and
even pain and suffering.
Limitations on Wrongful Death Lawsuits in AK
Before pursuing a wrongful death claim, you should be aware of the following limitations on these claims:
Limit to when you can file. Alaska law requires wrongful death lawsuits to be filed within two years of the date of the person’s death. If you fail to bring the claim forward within the statute of limitations, the case will likely be dismissed.
Limit to who can file. Alaska law only allows certain people to file a wrongful death suit. To bring such a claim forward, you must be the surviving child, spouse, or dependent of the decedent.
Wrongful Death Claims Do Not Impact Criminal Cases
While wrongful death claims are civil lawsuits, criminal cases are legal proceedings initiated by the government, usually through a prosecutor, against an individual accused of committing a crime. A person may be brought up on criminal charges, in some instances, if their negligence led to a person’s death, and they may also be sued (in a wrongful death claim) for the same incident. However, the civil and criminal cases are independent of one another.
A criminal case seeks to punish a wrongdoer for their actions and protect society by deterring future criminal conduct. A wrongful death claim, however, is aimed at compensating the survivors for their losses, like loss of companionship, financial support, and emotional distress, and being awarded a settlement in a civil case does not impact the criminal case.
It is important to note that the court can impose civil penalties in a criminal case. These are typically awarded to the victim as restitution. However, they do not preclude a separate wrongful death claim, which can seek additional damages for losses not covered by the criminal restitution.
Call (888) 295-6566 to Set Up a Case Consultation
The Law Offices of David Henderson has helped our clients recover millions of dollars in past verdicts and settlements, including a $1.8 million award in a wrongful death suit; you can review our case results yourself. If you suffer the loss of a loved one, we can fight aggressively for the compensation you deserve. While no amount of money can replace them or fill the void caused by their loss, a settlement award can help alleviate some of your financial stress.
Contact our office online to request a free case consultation.