Alaska wrongful death claims are civil lawsuits filed when someone dies due to another person or entity’s negligence, recklessness, or intentional actions. Furthermore, these claims allows surviving family members to seek compensation for financial losses, emotional suffering, and other damages resulting from the death.

Understanding Wrongful Death Claims

Alaska wrongful death claims arises when someone dies because another person fails to act responsibly. In these cases, the law allows certain surviving family members to pursue justice and financial recovery.

To illustrate, common situations that may lead to a wrongful death claim include:

• Car accidents caused by negligent drivers
• Trucking or commercial vehicle accidents
• Medical malpractice
• Workplace accidents
• Defective or dangerous products

In Alaska, the personal representative of the deceased person’s estate typically files these claims on behalf of surviving beneficiaries.

Who Can File These Claims in Alaska?

Under Alaska law, the personal representative of the estate files the wrongful death claim. However, the compensation is intended to benefit surviving family members, such as:

• Spouse
• Children
• Other dependents
• In some cases, parents or other relatives

Because the process can be complex, working with an experienced attorney helps ensure the claim is properly filed and all eligible parties are represented.

What Damages Can Be Recovered?

Alaska wrongful death claims ease the financial burden and acknowledge the emotional impact of losing a loved one. Depending on the case, compensation may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of income and future earnings
• Loss of companionship and support
• Pain and suffering experienced by surviving family members

In some cases, punitive damages may also be awarded if the responsible party’s actions were especially reckless.

How Is An Alaska Wrongful Death Different From An Alaska Personal Injury Claim?

While both types of cases involve negligence, the key difference is the outcome:

• Personal injury claim: Filed by the injured person seeking compensation for their injuries
• Wrongful death claim: Filed after a person has died, on behalf of their surviving family

Additionally, wrongful death claims often include damages related to long-term financial and emotional loss rather than just immediate injuries.

How Long Do You Have to File a Wrongful Death Claim in Alaska?

In Alaska, the statute of limitations for wrongful death claims is generally two years from the date of death. Consequently, missing this deadline may prevent families from recovering financially.

However, exceptions may apply, so it’s important to speak with an attorney as soon as possible to protect your rights.

Why You Should Speak With an Attorney

Alaska wrongful death cases are often complex and emotionally difficult. An experienced Alaska personal injury attorney can:

• Investigate the cause of death
• Gather evidence and expert testimony
• Handle insurance companies
• Fight for full and fair compensation

Most firms offer free consultations and work on a contingency fee basis, meaning you pay nothing unless they win your case.

Final Thoughts

Losing a loved one unexpectedly is devastating. While no legal action can replace that loss, an Alaska wrongful death claim can provide financial stability and hold the responsible party accountable.

If you believe negligence caused your loved one’s death, act early to make a significant difference in your case.

Wrongful death claims are particularly sensitive cases and 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 generated using ChatGPT – Prompt: What is an Alaska Wrongful Death Claim?

Losing a loved one in an accident is a horrifying experience. The last thing a person wants to think of during the grieving process is hiring a wrongful death attorney. Family members need time to work through the five stages of grief as well as the fear and blame this loss brings.

At some point, most families want to make sure this never happens to another family.

Understanding Wrongful Death

“Wrongful death” is an accident which takes the life of a loved one due to someone else’s negligence. In Alaska, the most common situations involve a careless driver on slick roads. If a family member dies in these circumstances, it is wise to speak with a wrongful death attorney. When other drivers carelessly put people in danger, they are legally responsible for the outcome and must be held accountable for this misconduct. When bad drivers are not held accountable, they continue endangering others. Choosing a law firm that knows Alaskan law is critical.

Distracted Driving Is Bad For Alaska

Even in the worst driving conditions, Alaskan law requires ALL drivers to exercise “due care” and avoid injuring others. Drivers who fail to drive reasonably and drivers who violate the “Rules of the Road” – are legally responsible for the injuries or death they cause. This is especially true when bad driving includes:

• Intoxication or Drugs
• Texting
• Talking on a cell phone

Combining bad driving habits with rough or icy Alaskan roads results in situations that are not only dangerous, but potentially deadly. Modern cars are big, heavy, fast, and dangerous. They require skill and constant attention. Bad drivers who needlessly endanger others must be held accountable, or they will continue to drive badly. Choosing a law firm skilled in holding bad drivers accountable makes Alaska a better place.

Choosing A Law Firm

If you have lost a loved one due to a driver’s carelessness, please contact an experienced wrongful death attorney in Alaska. Choosing a law firm experienced in handling wrongful death claims will help hold the bad driver accountable. The attorney will investigate potential ways to secure financial relief for grieving families.

An experienced Alaska personal injury attorney guides you through settlement or trial. They bring this experience in dealing with insurance companies. Choosing a law firm skilled in handling personal injury and wrongful death claims allows you to focus on rebuilding your life, while your attorney focuses on holding the responsible person accountable. Choose a law firm you like and trust.

Johnson Law – Serious Lawyers for Serious Claims.

Please contact Johnson Law today to discuss your Personal Injury Law Claim: (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

Filing A Wrongful Death Claim

To file a wrongful death claim or lawsuit, one must first prove that the responsible party’s acts or omissions are what caused your loved one’s injuries and ultimate death. Cases in which negligence or wrongful conduct can be proven to cause a death may have multiple claims. They should be investigated and asserted as early as possible to avoid being barred by the statute of limitations.

The wrongful death lawyers at Johnson Law, P.C. have more than three decades combined legal experience in personal injury law. We are also aware of the importance of pursuing justice and financial recovery for the losses you have suffered. We know Alaska, Alaskan Law and the legal processes involved in filing a wrongful death case. Johnson Law’s experience establishing facts and proving negligence in a wrongful death claims is critical to your case. We work tirelessly on your behalf. Johnson Law fights for the best possible outcome after a tragic loss. We help families begin to rebuild their lives.

Contact Johnson Law

If you lose a loved one due to a negligent act, contact Johnson Law and schedule to meet with our Alaskan personal injury lawyer. From the moment you contact us, we do everything possible to help you through a difficult time.

Johnson Law knows Alaska and Alaska Wrongful Death Claim Law. Find out how we can help. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your motor vehicle crash injury case. We are here to serve you.

Johnson Law has been serving families in wrongful death claims 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 Source: Legacy Funeral Home, Anchorage, Alaska

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

Understanding Negligence In Fatal Car Accidents

Sadly, driver negligence causes many fatal car accidents. Negligence includes drug and alcohol use behind the wheel. Authorities estimate nearly half of fatal car accidents involve drugs or alcohol. Unsafe or excessive speed contributed to at least 37 percent of fatal car accidents. Alcohol or drug impairment combined with unsafe speeds are linked to at least 66 percent of fatal accidents. Common examples of driver negligence include:

• Drug-impaired or alcohol-impaired driving
• Excessive or Unsafe speed for the road or weather conditions
• Texting while driving
• Falling asleep at the wheel

The first step in determining whether a civil claim should be brought after a fatal car accident involves determining whether a driver was negligent. Under Alaskan law, a person who drives a motor vehicle in a manner that creates an unjustifiable risk of harm to a person or to property and who, as a result, actually endangers a person or property is guilty of negligent driving.

See: AK Stat § 28.35.410 (2024)

Negligent conduct normally arises in two ways:

• When another driver acts unreasonably under the circumstances; or
• When another driver violates the “Rules of the Road” found in 13 AAC 02.

Alaska Statutes

13 AAC 02.085 requires drivers to stay in their own lane until they “first ascertained that the movement can be made with safety.” 13 AAC 02.125 requires all drivers turning left to “yield the right-of-way to a vehicle approaching from the opposite direction which is within the intersection or is so close as to constitute an immediate hazard.” Finally, 13 AAC 02.130 requires drivers to stop at Stop Signs, entering a roadway only when safe. Meaning when there are no other vehicles close enough “to constitute an immediate hazard.”

After A Fatal Car Accident

The best way to determine if your loved one’s fatal car accident was caused by negligence is to consult with an experienced wrongful death attorney. The attorney’s job is to first determine whether any party was negligent. This normally requires a candid assessment of the Rules of the Road. The attorney will investigate how each driver conducted himself or herself behind the wheel.The reason it makes sense to investigate negligence is because holding people accountable is good for society. It’s not about punishing … it’s about accountability. If negligent drivers are not held accountable for fatal car accidents, there is no incentive for people to drive more safely. This is simple human nature. Depending on the circumstances of your case, your family may be eligible to receive monetary compensation to cover:

• Funeral and burial expenses
• Medical bills incurred as a result of the accident
• Wages and benefits your loved one would have earned
• Child and/or spousal support
• Loss of consortium between relatives
• Pre-death pain and suffering

Accountability for these claims is paid to the surviving spouse, children, and/or other dependents of the deceased person through the loved one’s estate.

Statute of Limitations

It is important to remember that Alaska has a two year Statute of Limitations for death claims after a fatal car accident. (See: AS 09.10.070 and AS 09.55.580.) Thus, the family must either settle related claims – or file a lawsuit – within two years of the wreck. Delay will cause the loss of valuable rights. This includes the right to compensation. This is HUGE. Please pay close attention to the Statute of Limitations found in AS 09.10.070 and AS 09.55.580.

Wrongful death after fatal car accidents 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

Sources: Wise Voter; Justia; Alaska Administrative Code; Alaska Statutes

Image Source: I Stock Photos

Dealing With Grief

During the time of bereavement and throughout the grief process, a grieving person needs a lot of emotional support. Finding support may be the key to a person’s recovery and acceptance of the loss. Hence, seeking out family members, friends, support groups, community organizations, or mental health professionals (therapists or counselors) can all help.

If your grief gets worse over time instead of better or interferes with your ability to function in daily life, consult a grief counselor or other mental health provider. Unresolved or complicated grief can lead to depression, other mental health problems and other medical conditions. Above all, with professional help, you can re-establish a sense of control and direction in your life. This helps move you toward the path of healing.

Wrongful Death Claims

Wrongful death claims may arise from a crime, an act of medical malpractice, an automobile accident, a plane crash or an accident at work. These claims help families suffering financially after losing a loved one because of another person’s negligence. 

First, it is not necessary for there to be a criminal case. A civil law suit may be filed without a criminal case. A civil wrongful death claim may also proceed if a criminal case fails. Furthermore, a wrongful death claim or lawsuit helps with medical and funeral expenses arising from the loss. It can help families pay bills and keep food on the table.

Getting Help After An Automobile Accident

After losing a loved one because someone was negligent and caused an automobile accident, the victim’s family needs help. Wrongful death claims are often very difficult. They must cover all aspects of the loss to help grieving families.

Losses in a Wrongful Death Claim include:

• the age and health of the person lost;
• the number people who depended on this person; and
• the income of the lost loved one

Wrongful death claims are particularly sensitive cases and 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

Sources: American Cancer Society; Findlaw

Image Source: Bagoy’s Florist