Who can file a wrongful death claim when someone dies in an accident?

funeral flowers wrongful death alaskaOn average, six people are killed in car crashes in Alaska every month. In 2017, the state saw 79 vehicle accident-related deaths. For the families of those killed, life is forever changed. Not only do they have to navigate the grief and sadness of losing their loved one, but many families are faced with new and stressful financial burdens. Whether the deceased family member was the main breadwinner or the one to provide childcare, their contributions to the family’s way of life were important. What are surviving family members to do? How can they successfully face this challenge so they can focus on what really matters? For many families, the answer is a wrongful death lawsuit.

What Is a Wrongful Death Claim?

A wrongful death lawsuit is a legal claim brought by the surviving family members of a person who is killed by another person’s negligence. When an irresponsible driver causes an accident that results in the death of another person, they can be held accountable. Surviving family members may be able to obtain compensation from the at-fault driver or their insurance company for:

  • Medical and funeral expenses
  • Lost wages that would have been earned by deceased
  • Loss of spousal or child support
  • Lost companionship or consortium
  • The victim’s pain and suffering

Who Can File a Wrongful Death Claim in Alaska?

A wrongful death claim can be filed by any personal representative of the deceased. Though it is most often filed on behalf of the spouse and/or children of the deceased, state law does not limit these claims to only those relations. Compensation can be awarded to:

  • Spouse
  • Children
  • Other dependents
  • The estate of the deceased

A dependent is a person who is supported by the deceased, and it may include parents or other family members. Non-dependent family members or the estate itself may pursue a claim, but the award is limited to monetary loss—there is no compensation for non-economic damages such as pain and suffering.

An Experienced Injury Alaska Attorney Can Answer Your Questions

Not only is the loss of a loved one devastating, family relationships can be complicated. If your loved one has died in a car accident, it may be difficult to know just what your rights may be. At The Law Office of Ben Crittenden, this Anchorage-based attorney has helped many loved ones understand their legal options and obtain all the compensation they deserve. Even if you aren’t sure if you are able to file a claim, reach out to Ben today. Call his office or take a moment to fill out the contact form on this page. You’ll get in touch with Ben directly, and he’ll help you determine the most effective way forward.