The sudden loss of a loved one in a car crash can leave families shocked and searching for answers. The initial shock of the grief usually turns to questions of justice and accountability.
Understanding your rights is the first step on the road to closure. An experienced Alaska wrongful death lawyer can provide assistance on navigating this difficult journey.
Who Can File a Wrongful Death Claim in Alaska?
The unexpected death of a loved one can feel like a thundercloud in a clear sky; shocking and devastating. Grief doesn’t follow the logic of the law, but it is theoretical healing through Alaska’s laws. This claim won’t bring back a heartbeat – but it can hold someone accountable. Justice, though slow, still walks toward those left behind.
Personal Representative
Alaska law gives the personal representative of the estate the right to file the claim. This person speaks for the decedent and seeks damages on behalf of the family.
Surviving Spouses
A surviving spouse has the legal right to seek a wrongful death claim. They often experience the most brutal emotional and financial trauma in the wake of such deaths.
Children
Biological and adopted children may file wrongful death claims (even when they are grown children). Their pain is real and intense, particularly when they lose a parent who was guiding them in their future.
Parents Who Were Dependents
If a parent was dependent on the deceased person for some financial or emotional support, then they may seek damages as well. The parents’ and other dependents’ emotional trauma can be severe too, particularly when the deceased was partially or totally providing financial support to the individual filing the claim.
Other Dependents
If a person was a major dependent of the deceased person, they might have a claim. The courts will look at a statute of dependence (financial and social) and a personal relationship with the deceased when determining whether someone is entitled to file a claim for wrongful death.
5 Damages That Can Be Recovered in a Wrongful Death Lawsuit
A wrongful death due to a Wasilla car accident involves more than silence – it leaves behind deep financial scars. These damages may not heal a broken heart, but they do put someone on the hook for their actions.
Expenses for Funeral and Burial
These expenses can have an overwhelming effect and can leave a bitter stain following a loss. Families may receive payments for burial, cremation and the funeral service.
Loss of Future Income
The courts can also award damages for the wages the deceased would have earned. This can help the family stay afloat, and maintain their standard of living.
Medical Bills Before Death
If your loved one received treatment before passing, those bills can be claimed. Hospitals send invoices, not condolences—this damage helps cover that burden.
Loss of Companionship
A parent’s embrace or a spouse’s voice in the dark cannot be replaced with money. However, courts are aware of emotional suffering and allow compensation to be claimed for lost relationships.
Pain and Suffering of the Deceased
The suffering of the victim in the seconds leading up to their death matters. Courts know what the victim went through, even if it was only for a few seconds.
Losing a loved one in a Wasilla car accident causes immense emotional and financial hardship. A skilled wrongful death lawyer helps families pursue justice through a wrongful death claim.
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