A death resulting from the negligence of another person, party, or entity is called a wrongful death. In other words, your loved one is a victim of wrongful death if their death was caused by negligence. Death may not occur after an accident; it could occur days, weeks, months, or even years later thanks to the injuries associated with an accident that could have been avoided.
You should be compensated for the wrongful death of your loved one, according to Alaska’s Law. Most Alaskans pursue justice for wrongful deaths through lawyers in Anchorage, Alaska who file wrongful death injury claims to help their clients get the justice they deserve or compensation for the lost life of the deceased. But what’s the legal position about wrongful deaths in Alaska?
Provisions of Alaska Wrongful Deaths Act
Deaths caused by the negligence of others (wrongful deaths) in Alaska are addressed in the Alaska Wrongful Deaths Act which states that:
- Personal representatives of a deceased person can file legal action if the death of their loved one was caused by negligence– a wrongful act or omission, of another person, party, or entity. The representatives of the deceased should act similarly as the deceased would have acted if they were surviving–except for provision number six, below, and AS 09.65.145.
The statute of limitations for wrongful deaths in Alaska is 2 years and the award for loss shall be what the court or jury finds fair and just. Any recovered damages, if any, will be for the benefit of the deceased’s beneficiaries, including spouse, children, or parents, in that order.
The children will be the legal beneficiaries if the decedent wasn’t survived by a spouse, and the decedent’s parent will recover the damages if the deceased isn’t survived by a spouse or children.
The award shall be shared like the other property of the deceased but limited to pecuniary loss. All costs and administration expenses related to a wrongful death lawsuit shall be deducted from the award before distributing the balance to beneficiaries.
- The recoverable damages in a wrongful death claim shall be awarded to those who will likely suffer financially due to the wrongful death of their breadwinner. The damages are to be distributed in the aforementioned order–spouses, or children if there’s no surviving spouse, and finally parents if there are no surviving spouses or children.
- A court will determine a fair and just award after considering all the facts of a wrongful death case. Some of the factors considered by courts in a wrongful death claim can include:
- Pecuniary benefits that the beneficiaries would have enjoyed if the deceased is still alive, without considering the age of the beneficiary and the savings of the deceased;
- Lost support;
- loss of assistance or services irrespective of age or relationship of decedent to the beneficiary or beneficiaries;
- Lost consortium;
- Lost training and education opportunities;
- Medical and funeral expenses;
- The death of a beneficiary before the conclusion of the case does not impact or reduce the recoverable damages in wrongful death claims;
- A wrongful death claim is not impacted by the death of the accused or the defendant;
- A person whose negligence causes a felonious death of another person cannot be a beneficiary of the decedent’s estate– a “felonious killing” is defined by AS 11.41.10011.41.140.
Common Types of Wrongful Deaths
Wrongful deaths can occur anywhere; it can be at work, at home, at a friend’s house, on the road, and others–but the cause of wrongful deaths typically results from the negligence of another party. Common types of wrongful deaths can include:
- Car Accidents
Car accidents form the bulk of wrongful death claims thanks to an increased number of vehicles, reckless driving, violation of traffic laws, and others. Most car crashes are caused by the negligence of one driver who is held liable if court action is filed by the loved ones or the representatives of the deceased.
Road or car accidents can also be caused by other road users besides motorists, including pedestrians, bicyclists, motorcyclists, bad roads, falling cargo, and more. The government authority tasked with repairing roads will be the defendant in car accidents resulting from bad road conditions.
- Medical Malpractice
Wrongful deaths under medical malpractice mostly result from a misdiagnosis, failure to diagnose a condition, surgical errors, or neglecting a patient. Medical facilities and medical professionals are required to provide patients with standard care and they are held accountable for injuries that resulted in the death of a patient. The representatives of the deceased can file a criminal or civil lawsuit and recover damages in both actions–the defendants in such cases can be the doctor, the medical facility, or a combination of the two.
Besides the above two types of wrongful accidents, others can include workplace accidents, defective products, and others. The Alaska Wrongful Deaths Act highlights all types of wrongful deaths.
