Alaska Survival Claims: Learn how personal injury claims continue after death, who can pursue them, estate rights, damages, and filing deadlines.

Quick Answer

Survival Claim or Survival Action: Under Alaska Statute 09.55.570, a “survival action” or “survival claim” allows a deceased person’s estate to pursue personal injury claims (like pre-death pain and suffering or medical bills) that the victim could have brought had they lived.

An Alaska survival claim allows certain legal claims that belonged to a person before death to continue through the person’s estate after death. Unlike a wrongful death claim, which seeks compensation for losses resulting from the death, a survival claim preserves the deceased person’s own cause of action.

Alaska law provides that, with limited exceptions, causes of action survive the death of a party and pass to the person’s personal representative. (AS 09.55.570)

Understanding terms such as survival action, personal representative, estate, decedent, cause of action, pre-death damages, and wrongful death claim can help families understand what happens to a personal injury claim when an injured person dies.

What Is a Survival Claim in Alaska?

A survival claim is a legal claim that continues after the person who held the claim dies.

For example, suppose a person suffers serious injuries because of another party’s negligence and later dies. If the person’s personal injury claim had not ended before death, Alaska law generally allows that claim to survive through the person’s personal representative, subject to applicable exceptions and other legal requirements. (AS 09.55.570)

The survival claim focuses on the deceased person’s own legal claim. That makes it different from a wrongful death claim, which addresses losses caused by the person’s death.

What Is a Survival Action?

An Alaska survival action is the legal proceeding used to pursue a claim that survives the death of the person who originally held it.

Alaska Statute 09.55.570 provides that causes of action generally survive to the personal representatives of the parties, except for specified claims such as defamation. The statute also authorizes personal representatives to maintain the surviving action against the party responsible or, when appropriate, that party’s personal representative.

Because the statute contains exceptions and other laws may affect a particular claim, the specific circumstances matter.

What Is a Decedent?

A decedent is a person who has died.

In a survival claim, the decedent is the person who originally held the legal claim. The claim may continue through the decedent’s estate even though the person can no longer pursue it personally.

You may encounter the term decedent frequently in court documents, probate proceedings, and wrongful death or survival litigation.

What Is a Personal Representative?

A personal representative is the person authorized to act on behalf of a deceased person’s estate. In an Alaska survival action, the personal representative generally takes the place of the deceased person for purposes of pursuing the surviving legal claim.

The personal representative may be an executor, administrator, or another person legally authorized to represent the estate.

The personal representative’s role differs from that of an individual beneficiary. Instead, the personal representative acts for the estate; beneficiaries may ultimately receive property or proceeds from the estate according to applicable law.

What Is an Estate?

An estate consists of the deceased person’s property, rights, and legal interests that are subject to administration after death.

An estate may include:

• Real property
• Personal property
• Financial assets
• Business interests
• Certain legal claims
• Proceeds from legal actions

A survival claim generally becomes an asset or legal interest of the estate rather than a new personal injury claim belonging directly to a surviving family member.

Alaska Survival Claims vs. Alaska Wrongful Death Claims

What is the distinction between Wrongful Death Claims and Survival Claims: Courts distinguish a wrongful death claim (for the family’s loss) from a survival claim (for the decedent’s pre-death damages)

Although the two claims can arise from the same accident, they serve different purposes.

Survival Claim

A survival claim continues a legal claim that belonged to the deceased person before death.

It generally focuses on the claim the deceased could have pursued had they lived.

Wrongful Death Claim

A wrongful death claim addresses losses resulting from the person’s death.

Alaska’s wrongful death statute, AS 09.55.580, provides a separate cause of action and establishes rules concerning who may maintain the action and what damages may be considered.

Why the distinction matters

A single accident can potentially result in both an Alaska survival claim and an Alaska wrongful death claim. The two claims may involve different legal interests, damages, and beneficiaries.

For more information about wrongful death claims, see Alaska Wrongful Death Claims.

What Damages Are Recoverable Through an Alaska Survival Claim?

The damages available in a survival claim depend on the underlying cause of action and the facts of the case.

Depending on the circumstances, the surviving claim may involve losses arising from the deceased person’s injury before death, such as:

• Medical expenses
• Lost income
• Other economic losses
• Property damage
• Pain and suffering or other noneconomic losses, when allowed by applicable law
• Other damages that the deceased could have pursued during life

The exact damages depend on the underlying claim and applicable Alaska law.

For a broader explanation of personal injury damages, see Alaska Damages And Compensation.

Pre-Death Medical Expenses

When a person survives an injury for a period before death, medical treatment during that period may become part of the surviving claim.

Examples can include:

• Emergency treatment
• Hospital care
• Surgery
• Prescription medications
• Rehabilitation
• Other medically necessary treatment

Medical records and billing records help document these losses.

Pre-Death Lost Income

If the deceased person could not work because of the injury before death, lost income may become part of the surviving claim when supported by the applicable law and evidence.

Evidence may include:

• Employment records
• Pay statements
• Tax records
• Business records
• Evidence of missed work

The calculation depends on the circumstances and the nature of the underlying claim.

Pre-Death Pain and Suffering

A survival claim may raise questions about the physical pain and emotional suffering the deceased experienced between the injury and death.

Whether and to what extent such damages can be recovered depends on the applicable Alaska law and the specific circumstances of the claim.

This issue differs from the losses surviving family members may experience because of the death itself.

Who Receives The Alaska Survival Claim Recovery?

A survival claim belongs to the deceased person’s estate, rather than directly to a family member simply because that person is related to the deceased.

The personal representative generally pursues the claim on behalf of the estate. If the claim produces a recovery, the proceeds become subject to the applicable estate and probate rules.

The identity of the ultimate recipients can therefore depend on the deceased person’s estate, will, applicable inheritance laws, and other circumstances.

Does a Survival Claim Become Part of the Estate?

Generally, a surviving cause of action becomes an interest of the deceased person’s estate.

Alaska law expressly provides that causes of action generally survive to the personal representatives of the parties, subject to statutory exceptions. (AS 09.55.570)

This distinction is important because a survival claim and a wrongful death recovery do not necessarily follow the same legal path.

Survival Claims and Settlements

A survival claim settlement resolves the deceased person’s surviving legal claim.

Before resolving a claim, the personal representative may need to consider:

• The value of the underlying claim
• Medical expenses
• Lost income
• Evidence supporting liability
• Applicable insurance coverage
• Potential liens or reimbursement claims
• Estate administration
• The interests of beneficiaries

A settlement of the survival claim may also need to be distinguished from a settlement of a separate wrongful death claim arising from the same accident.

Survival Claims and Lawsuits

A survival claim may proceed through the same types of civil litigation procedures used in other personal injury cases.

For example, depending on the circumstances, the case may involve:

• A complaint
• Discovery
• Depositions
• Expert witnesses
• Motions
• Mediation
• Settlement negotiations
• Trial
• Judgment
• Appeal

For explanations of these terms, see Alaska Court And Litigation Terms.

Alaska Survival Claim Deadlines

A statute of limitations establishes the deadline for filing a lawsuit. The deadline for a survival claim depends on the underlying cause of action and the statutes that apply to that claim.

Alaska’s general statute of limitations includes a two-year period for many actions involving personal injury or death, but different statutes and exceptions can apply. (AS 09.10.070)

Because the death of a claimant can create additional legal and procedural issues, families should not assume that the deadline for a survival claim is automatically the same as the deadline for a wrongful death claim.

Why Alaska Survival Claims Matter

When an injured person dies, the legal claim does not necessarily disappear. Alaska law generally allows causes of action to survive through the personal representative of the estate.

Thus, understanding the difference between an Alaska survival claim and an Alaska wrongful death claim can help families understand which legal interests may continue after death, who may pursue those interests, and how the claims may be handled through the estate.

The distinction can become particularly important when a person survives an accident for days, weeks, or longer before dying from the injuries.

Continue Exploring Alaska Personal Injury Law

Continue exploring this Alaska Personal Injury Glossary series to learn more about:

• Alaska Personal Injury Basics
• Alaska Damages And Compensation Explained
• Alaska Insurance Claims
• Alaska Court and Litigation Terms
• Alaska Maritime Injury Terms
• Alaska Aviation Accident Claims
• Alaska Wrongful Death Claims

These articles explain additional legal terminology you may encounter during an Alaska personal injury claim.

Disclaimer: This article provides general educational information about Alaska survival claims and related legal terms. However, it is not legal advice and does not create an attorney-client relationship. Because every case is unique, consult a qualified Alaska personal injury attorney about your specific circumstances.

Johnson Law, P.C. has been helping injured Alaskans and those injured while visiting Alaska for 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image modified using ChatGPT – Prompt: An individual in an Alaska hospital after a serious accident with family in attendance.

Quick Answer

An Alaska wrongful death claim may allow certain family members or the personal representative of a deceased person’s estate to seek compensation when another person’s wrongful act, neglect, or default causes the death. Alaska law establishes who may bring the claim and the losses a court or jury may consider when determining damages. (AS 09.55.580)

Understanding terms such as wrongful death, personal representative, estate, beneficiary, pecuniary loss, loss of support, loss of services, and loss of consortium can help families understand their legal rights after a fatal accident.

What Are Wrongful Death Claims In Alaska?

A wrongful death claim is a civil legal claim arising when a person’s death results from another person’s wrongful act, neglect, or default.

Under Alaska law, the personal representative of the deceased person’s estate may maintain a wrongful death action when the deceased could have maintained an action for personal injury had they survived. (AS 09.55.580)

A wrongful death claim differs from a criminal case. A criminal prosecution seeks to punish unlawful conduct, while a wrongful death lawsuit seeks civil compensation for legally recognized losses resulting from the death.

Who Can Bring A Wrongful Death Claim In Alaska?

The personal representative of the deceased person’s estate generally brings an Alaska wrongful death claim.

Under Alaska law, specific rules determine who may benefit from a wrongful death recovery (AS 09.55.580). Accordingly, the personal representative acts on behalf of the beneficiaries and others who may have a legal interest in the recovery.

Because these rules can depend on the deceased person’s family circumstances, you should not assume that every relative has the same right to recover compensation.

The Personal Representative’s Role In Alaska Wrongful Death Claims

A personal representative is the person authorized to administer a deceased person’s estate.

Depending on the circumstances, the personal representative may be an executor, administrator, or another person appointed or recognized under Alaska probate law.

In a wrongful death case, the personal representative generally serves as the person who brings the legal action. However, the personal representative does not necessarily receive the financial compensation recovery.

Estates

An estate includes the property, rights, and legal interests a person leaves behind after death.

To summarize, the estate may include:

• Real property
• Personal property
• Financial accounts
• Business interests
• Certain legal claims

Understanding the difference between the estate and the beneficiaries is important in a wrongful death case. The estate may have a role in the lawsuit even though the people who benefit from the recovery may be surviving family members.

Beneficiaries

A beneficiary is a person who may receive a benefit from a wrongful death recovery.

Alaska’s wrongful death claim statute provides specific rules governing the distribution of a recovery depending on whether the deceased left a spouse, children, or other dependents. (AS 09.55.580)

For that reason, determining who qualifies as a beneficiary requires examining the deceased person’s family circumstances and the applicable law.

Heirs

An heir is someone who may inherit property from a deceased person under applicable inheritance laws. Furthermore, an heir and a wrongful death beneficiary are not necessarily the same person. Inheritance rights and wrongful death rights involve different legal concepts.

Thus, being an heir does not automatically determine who can benefit from a wrongful death claim.

Wrongful Death Damages

Wrongful death damages compensate eligible beneficiaries for legally recognized losses resulting from a person’s death.

Alaska law identifies several factors that a court or jury may consider when determining wrongful death damages, including:

• Expected financial benefits the deceased would have provided
• Loss of contributions for support
• Loss of assistance or services
• Loss of consortium
• Loss of prospective training and education
• Medical expenses
• Funeral expenses

The amount and types of damages available depend on the facts of the case and the relationship between the deceased and the people seeking compensation.

For a more detailed explanation of economic, noneconomic, and punitive damages, see Alaska Damages And Compensation Explained.

Pecuniary Loss

Pecuniary loss refers generally to financial losses resulting from a person’s death.

In an Alaska wrongful death case, this may include financial benefits that the deceased would reasonably have provided to eligible beneficiaries had they lived.

Evidence may include the deceased person’s:

• Income
• Employment history
• Expected future earnings
• Financial contributions
• Household contributions
• Other sources of economic support

Loss of Support

Loss of support refers to the financial contributions a deceased person would have provided to eligible family members or dependents.

For example, a surviving spouse or child may lose financial support that the deceased would have provided over the person’s expected lifetime.

Alaska law specifically identifies the loss of contributions for support as a factor the court or jury may consider when determining wrongful death damages.

Loss of Services

Loss of services refers to the value of assistance and services the deceased person provided to family members.

Consequently, Loss of Services may include:

• Childcare
• Household assistance
• Home maintenance
• Transportation
• Other contributions with economic value

Alaska’s wrongful death statute specifically allows the court or jury to consider the loss of assistance or services, regardless of the deceased person’s age or relationship to the beneficiary.

Loss of Consortium

Loss of consortium generally refers to the loss of the benefits of a close marital relationship following a spouse’s death.

Alaska’s wrongful death statute identifies loss of consortium as one factor the court or jury may consider when determining damages.

Loss of Guidance and Companionship

A wrongful death can cause losses that extend beyond financial support.

Family members may lose the deceased person’s:

• Guidance
• Care
• Companionship
• Household contributions
• Relationship and support

Hence, the nature and availability of these damages depend on the applicable Alaska law and the circumstances of the case.

Medical and Funeral Expenses

Alaska law allows the court or jury to consider certain medical and funeral expenses when determining wrongful death damages.

Medical expenses may include qualifying treatment provided before death. In addition, funeral expenses may include qualifying costs associated with the person’s burial or other final arrangements.

Therefore, keeping records of these expenses can help document the losses associated with a wrongful death.

Wrongful Death Settlement

A wrongful death settlement is an agreement that resolves a wrongful death claim without a trial.

Before accepting a settlement, the parties may need to address:

• Who has authority to resolve the claim
• Who may benefit from the settlement
• Medical and funeral expenses
• Potential liens or reimbursement claims
• Estate administration issues
• The amount of compensation
• The release of the responsible parties

Because a wrongful death settlement can involve multiple beneficiaries and estate interests, resolving the claim may require more than simply negotiating an amount with an insurance company.

Wrongful Death Lawsuit

A wrongful death lawsuit is a civil action filed to seek compensation for legally recognized losses resulting from a person’s death.

The personal representative generally brings the action under Alaska’s wrongful death statute.

If the parties cannot resolve the claim through negotiation or mediation, the lawsuit may proceed through discovery, depositions, motions, expert testimony, and trial.

For explanations of these procedures, see Alaska Court and Litigation Terms.

Alaska Wrongful Death Claim Statute of Limitations

A statute of limitations establishes the deadline for filing a lawsuit.

Alaska law generally requires a wrongful death action to be commenced within two years after the person’s death.

However, exceptions and other legal rules may affect the deadline in particular circumstances. Because missing a filing deadline can prevent a family from pursuing a claim, promptly determining the applicable deadline is important.

Alaska Wrongful Death and Insurance Claims

Insurance coverage often plays an important role in wrongful death cases.

Consequently, depending on the circumstances, potential sources of compensation may include:

• Automobile liability insurance
• Homeowners or property insurance
• Commercial liability insurance
• Employer or business insurance
• Uninsured or underinsured motorist coverage
• Maritime insurance
• Other applicable policies

Identifying all potentially applicable insurance coverage can become particularly important when multiple parties may share responsibility for the death.

For more information about insurance terminology, see Alaska Insurance Claims.

Wrongful Death Claims After an Alaska Accident

Wrongful death claims can arise from many types of accidents, including:

• Car and truck crashes
• Motorcycle accidents
• Pedestrian accidents
• Boating accidents
• Commercial fishing accidents
• Aviation accidents
• Workplace incidents
• Dangerous property conditions
• Defective products
• Other negligent or wrongful conduct

The laws that apply may vary depending on how and where the death occurred. Maritime and aviation deaths, for example, can involve federal laws that differ from ordinary Alaska personal injury law.

Why Wrongful Death Claim Terms Matter

After a fatal accident, families often must make important legal and financial decisions while dealing with a profound loss. Understanding the terminology can make the process easier to follow.

The most important distinction is often who has the legal right to bring the claim, who may benefit from the recovery, and what losses Alaska law recognizes.

Terms such as personal representative, estate, beneficiary, pecuniary loss, loss of support, and loss of consortium help explain how Alaska wrongful death claims work.

Continue Exploring Alaska Personal Injury Law

Continue exploring this Alaska Personal Injury Glossary series to learn more about:

• Alaska Personal Injury Basics
• Alaska Damages And Compensation Explained
• Alaska Insurance Claims
• Alaska Court and Litigation Terms
• Alaska Maritime Injury Terms
• Alaska Aviation Accident Claims
• Alaska Survival Claims

These articles explain additional legal terminology you may encounter during an Alaska personal injury claim.

Disclaimer: Please note: This article provides general educational information about Alaska wrongful death law. However, it is not legal advice and does not create an attorney-client relationship. Because every case is unique, consult a qualified Alaska personal injury attorney about your specific circumstances.

Johnson Law, P.C. has been helping injured Alaskans and those injured while visiting Alaska for 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image modified using ChatGPT – Prompt: Alaskans gathering to mourn the loss of a loved one

Quick Answer

If an Alaska personal injury claim does not settle, the case may proceed through the court system. Understanding the legal terms used during a personal injury lawsuit can help you follow what happens at each stage. This glossary explains common Alaska court and litigation terms, including complaints, answers, discovery, depositions, motions, mediation, arbitration, expert witnesses, trials, verdicts, judgments, and appeals.

The Alaska Rules of Civil Procedure establish the procedures parties and judges generally follow in Alaska civil cases. The Alaska Court System also maintains separate rules for appeals, evidence, and other types of proceedings.

What Does The Term Parties Mean In Alaska Court And Litigation Terms?

Plaintiff

The plaintiff is the person or entity that brings a lawsuit.

In a personal injury case, the injured person generally serves as the plaintiff. In some cases, another person or representative may bring a claim, such as a wrongful death action.

Defendant

The defendant is the person or entity accused of causing the plaintiff’s injury or otherwise being legally responsible for the plaintiff’s losses.

A personal injury lawsuit can involve more than one defendant when multiple parties may share responsibility.

Documents Used In An Alaska Personal Injury Claim Lawsuit

What Are Pleadings?

Pleadings are formal court documents in which the parties state their claims and defenses.

The complaint and answer are common examples. Pleadings help establish the issues that the court may need to resolve.

1. Complaint

The complaint starts the civil lawsuit. It identifies the parties, states the plaintiff’s legal claims, and explains the relief or damages sought. Alaska Civil Rule 7 identifies the complaint and answer as the primary pleadings in a civil case.

2. Summons

The summons formally notifies the defendant that a lawsuit has been filed and requires the defendant to respond. The Alaska Court System provides a standard civil summons form.

3. Answer

The defendant files an answer to respond to the allegations in the complaint. The answer may also raise defenses and, when appropriate, counterclaims.

4. Motions

A motion is a formal request asking a judge to make a ruling or take a specific action in a case.

For example, a party may file a motion asking the court to:

• Require another party to provide discovery
• Exclude certain evidence
• Resolve a legal issue
• Grant summary judgment
• Take another action permitted by the court rules

Alaska Civil Rule 77 generally governs motion practice in civil cases.

5. Responses and Replies to Motions

When one party files a motion, the opposing party may file a response or opposition. The moving party may then have an opportunity to file a reply. Alaska’s civil forms include separate documents for motions, responses, replies, and orders.

6. Affidavits and Declarations

A party may file an affidavit or other sworn statement to provide factual information supporting a motion or other filing. Alaska’s civil forms include a standard affidavit form.

7. Discovery-Related Documents

Discovery can include interrogatories, requests for production, requests for admission, and deposition-related materials. However, parties generally exchange discovery rather than file every discovery document with the court.

8. Proposed Orders and Court Orders

Parties may submit proposed orders for the judge to consider. The court can then issue an order resolving a motion or directing the parties to take a particular action. Alaska’s civil forms include orders on motions and summary judgment.

9. Settlement Documents

When the parties settle a case, they may file documents reflecting the settlement and asking the court to dismiss the case or take another appropriate action. The exact documents depend on the circumstances of the settlement.

10. Judgment

A judgment formally establishes the court’s final decision and, when appropriate, the amount one party must pay another. Alaska’s civil forms include judgment documents and documents addressing satisfaction of judgments.

11. Notice of Appeal

If a party seeks appellate review, that party generally files a notice of appeal and other required appellate documents. Alaska’s appellate procedures also involve documents such as a docketing statement and designation of transcript.

What Are Discovery-Related Alaska Court And Litigation Terms?

Discovery is the process through which the parties exchange information and gather evidence before trial. Alaska Civil Rules 26 through 37 address discovery procedures, including disclosures, interrogatories, requests for production, and depositions.

Discovery may involve:

• Medical records
• Employment records
• Photographs and videos
• Accident reports
• Witness information
• Insurance information
• Written questions
• Requests for documents
• Depositions

Discovery helps both sides evaluate the evidence and prepare their cases.

Interrogatories

Interrogatories are written questions that one party sends to another party during discovery.

The receiving party generally must provide written answers according to the applicable rules and deadlines. Interrogatories can help establish facts about an accident, injuries, medical treatment, employment, and other issues relevant to the lawsuit.

Request for Production

A request for production asks another party to provide documents, electronically stored information, or other materials relevant to the case.

For example, a personal injury case may involve requests for medical records, photographs, communications, employment records, or other evidence.

Deposition

A deposition is a formal question-and-answer session in which a witness gives testimony under oath outside the courtroom.

Attorneys may question parties, witnesses, and experts during depositions. A court reporter generally creates a transcript of the testimony.

Because deposition testimony can become important evidence in a personal injury case, preparing carefully and answering questions truthfully matters.

Evidence

Evidence consists of information that the parties use to prove or disprove facts in a lawsuit.

Alaska personal injury case evidence may include:

• Medical records
• Photographs
• Videos
• Police reports
• Witness testimony
• Expert testimony
• Employment records
• Physical evidence
• Electronic communications

The Alaska Rules of Evidence govern what evidence courts may consider and how parties present it.

Expert Witness

An expert witness is a person with specialized knowledge, education, training, or experience who provides opinions on issues that require expertise.

Personal injury cases may involve experts such as:

• Physicians
• Surgeons
• Rehabilitation specialists
• Vocational experts
• Economists
• Accident reconstruction specialists
• Engineers

Experts can help explain the cause and extent of an injury, future medical needs, lost earning capacity, accident mechanics, and other technical issues.

In Alaska, expert witnesses are primarily governed by Alaska Rule of Civil Procedure 26(a)(2) for disclosures and discovery, and Alaska Rule of Evidence 702 for admissibility and qualifications.

How Do Cases Resolve In Alaska Court And Alaska Litigation?

Summary Judgment

Summary judgment is a procedure that can resolve some or all of a case without a trial when the applicable legal and factual requirements are met.

A party seeking summary judgment argues that the undisputed facts and applicable law require the court to rule in that party’s favor. Summary judgment can become an important issue when the parties agree about significant facts but disagree about how the law applies.

Mediation

Mediation is a process in which a neutral mediator helps the parties negotiate a possible settlement.

Unlike a judge, a mediator generally does not decide who wins the case. Instead, the mediator helps the parties communicate, identify disputed issues, and explore possible solutions.

Mediation can occur before or during litigation. Alaska’s Civil Rule 100 provides a mechanism for court-ordered mediation after a complaint has been filed when the court determines mediation may help achieve a settlement.

Arbitration

Arbitration is a dispute-resolution process in which an arbitrator considers the parties’ positions and evidence and makes a decision according to the applicable arbitration agreement and rules.

Mediation and Arbitration differ because the arbitrator may have authority to decide the dispute, while a mediator generally helps the parties reach their own agreement.

Whether arbitration applies to an Alaska personal injury dispute depends on the facts, agreements between the parties, and applicable law and rules.

Trial

A trial is the formal court proceeding in which the parties present evidence and legal arguments to resolve disputed issues.

Depending on the case, a judge or jury may decide the factual issues. Attorneys may present opening statements, question witnesses, introduce evidence, make legal arguments, and deliver closing arguments.

Not every Alaska personal injury lawsuit reaches trial. Many cases resolve through settlement or other dispute-resolution processes before trial.

How Is An Alaska Personal Injury Claim Outcome Determined?

Verdict

A verdict is the decision reached by a judge or jury on the issues submitted for decision at trial.

In a personal injury case, a verdict may address questions such as whether the defendant was responsible for the injury and, if so, the amount of damages.

Judgment

A judgment is the court’s formal decision that resolves a case or establishes the amount or relief owed.

A verdict and judgment are related but not identical. A verdict represents the decision on the issues submitted at trial, while the judgment is the formal court order that gives legal effect to the result.

What Happens If A Party Disagrees With A Claim’s Outcome?

Appeal

An appeal asks a higher court to review a lower court’s decision for legal error.

An appeal is not a new trial. The appellate court generally reviews the existing record and the legal issues raised on appeal rather than hearing new evidence.

In Alaska, appeals from Superior Court decisions generally proceed under the Alaska Rules of Appellate Procedure. The Alaska Court System provides specific requirements for starting an appeal, including filing a notice of appeal and other required documents.

Appellant and Appellee

The appellant is the party who asks the higher court to review a lower court decision.

The appellee is the party responding to the appeal.

Why Alaska Court and Litigation Terms Matter

As a personal injury case moves through the legal system, unfamiliar terminology can make the process seem more complicated than it is. Understanding these basic terms can help you follow your case, communicate with your attorney, and understand the purpose of each stage of litigation.

The specific procedures, deadlines, and legal strategies can vary significantly from one Alaska personal injury case to another. The applicable court rules also change over time, so current Alaska rules should be consulted when specific procedural requirements matter. The Alaska Court System publishes the current Alaska Rules of Court and identifies recent rule changes.

Continue Exploring Alaska Personal Injury Law

Continue exploring this Alaska Personal Injury Glossary series to learn more about:

• Alaska Personal Injury Basics
• Alaska Damages And Compensation Explained
• Alaska Insurance Claims
• Alaska Maritime Injury Terms
• Alaska Aviation Accident Claims
• Alaska Wrongful Death Claims
• Alaska Survival Claims

These articles explain additional legal terminology you may encounter during an Alaska personal injury claim.

Disclaimer: Please note: This article provides general educational information about Alaska court procedures and personal injury litigation. However, it is not legal advice and does not create an attorney-client relationship. Because every case is unique, consult a qualified Alaska personal injury attorney about your specific circumstances.

Johnson Law, P.C. has been helping injured Alaskans and those injured while visiting Alaska for 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image modified using ChatGPT – Prompt: The Alaska Supreme Court Courtroom

For example, a driver may be held liable for negligence in Alaska when they drive too fast and crash into another vehicle. Even though the driver in the example may violate the speed limit, negligence is not a crime. In some situations, the at-fault driver is charged with a crime. However, proceedings for negligence are civil cases, not criminal. The key difference between negligence and criminal activity is state of mind. Car accident cases usually arise because of a mistake by one of the drivers rather than an intent to hurt another person.

Alaska Negligence Law

In Alaska, an at-fault driver is accountable for damages resulting from their negligence. Justice is a matter of monetary compensation in negligence actions. If you suffer injuries in an automobile accident, you may be entitled to recovery for lost wages, pain and suffering, medical expenses, and other damages.

Alaska negligence claims also sometimes settle without a law suit when parties reach an agreement. However, contested cases proceed to trial where a jury resolves the dispute. In either case, knowledge of the law and the legal process are important to achieving a fair result.

Johnson Law has been helping Alaska negligence victims for nearly 30 years. It’s who we are. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your serious injury case. We are here to serve you.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image Source: Alaska Beacon

Alaska Liability Law For Employers

Respondeat Superior is a legal doctrine holding employers liable for the wrongful acts of employees occurring within scope of employment. Essentially, Respondeat Superior means “let the master answer,” holding an employer responsible for the actions of their employees under certain circumstances. This doctrine stems from the idea that employers benefit from an employees’ work. Therefore, the employer is also responsible for harm their employees cause while acting within the scope of their employment. 

Vicarious Liability in torts means one party can be held responsible for the tortious acts of another, even if the first party didn’t directly cause the harm. This commonly arises in employer-employee relationships. In other words, the employer can be liable for the negligent actions of an employee if those actions occurred within the scope of employment.  Employers or businesses are often named as a defendants in lawsuits caused by employees on the job.

The doctrines of Respondeat Superior and Vicarious Liability also apply when an employer entrusts a vehicle to an employee. Employers may be liable for an employee’s driving as part of the employee’s job responsibilities. This is true for many states including claims and lawsuits brought under Alaska Liability Laws.

Which Law Applies In Your Situation?

There are other situations in which these and other legal theories apply. Consult an Alaska personal injury attorney to determine the legal theories which apply to your case. A good Alaska personal injury attorney will analyze Alaska Liability Laws and advise you how to proceed.

This Alaska Liability Law information on is Part Two of a two-part series. See Part Two: Alaska Responsibility Rules.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your serious injury case. We are here to serve you.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Negligent Entrustment

Alaska law recognizes and follows the common law tort of negligent entrustment, aligning with the definition found in the Restatement (Second) of Torts § 390. Under Alaska responsibility rules, negligent entrustment occurs when a person provides something (chattel) to another, knowing or having reason to know that the recipient’s youth, inexperience, or other factors make them likely to use it in a way that causes harm. In modern usage, chattel usually refers to tangible movable personal property. Consequently, this legal theory holds the provider liable for injuries resulting from such misuse. 

If you loan your car to an inexperienced or otherwise unsafe driver, it is irresponsible. You may be found negligent. Negligence is not being careful enough, and causing harm. A personal injury or wrongful death lawsuit commonly names the owner of a car in addition to the driver under this legal theory. Even if no statute for owner’s liability exists, it may be possible to prove liability through the theory of negligent entrustment.

Alaska Responsibility Rules Apply In More Situations

There are many situations in which these and other legal theories apply. Consult an Alaska personal injury attorney to determine if these legal concepts apply to your case. A good Alaska personal injury attorney will analyze Alaska Liability Laws and advise you how to proceed.

This information on Alaska Responsibility Rules is Part One of a two-part series. See Part Two: Alaska Liability Law.

Johnson Law has been helping Alaskans under complex legal theories for nearly 30 years. It’s who we are. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your serious injury case. We are here to serve you.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Source: Justia U.S. Law

Image Source: University of Alaska Anchorage

Wrongful Death Cases – when a death occurs, it is important to consider how the person died. If someone dies because of another person’s negligence or unlawful behavior, the family of the deceased person may need to file a wrongful death claim.

In some wrongful death cases, there may be a criminal law case relating to a death. If someone dies due to another’s unlawful behavior, the state may pursue criminal charges. Meanwhile, the wrongful death claim falls under civil law. It is important to understand the difference between criminal and civil law in wrongful death cases.

Criminal Cases

The government (either county, state, or federal), and criminal prosecuting attorneys file criminal court cases. The party accused of breaking the law is the defendant in these types of cases. In the case of a murder, for example, the accused party will be put on trial and if found guilty, will receive a criminal punishment. In criminal cases, victims do not receive financial compensation relating to the wrongful death claims in criminal cases.

Civil Wrongful Death Cases

Civil courts do not sentence defendants to criminal punishment. Instead, civil courts strive to make plaintiffs whole through financial compensation. As a result, the defendant is ordered to pay the plaintiff for their loss if the plaintiff prevails in a lawsuit. Civil lawsuits, including wrongful death cases, generally seek monetary compensation reflective of the harm done to the plaintiff by the defendant’s negligence or wrongdoing. In the case of a death, the surviving family files a wrongful death lawsuit on behalf of the deceased party.

Not all civil lawsuits have a related criminal suit. Evidence from the criminal case may be used in the civil case, if prosecutors obtain a conviction. The evidence will support claims for damages relating to the criminal act at issue against the at-fault party. If you have lost a loved one due to negligence by another person, you may need to speak to an experienced wrongful death attorney regarding your case.

Wrongful death claims are particularly sensitive cases. They deserve equally sensitive representation. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image Source: Devlin Funeral Home