Statistics tell us that roughly 29 percent of all traffic fatalities each year involve an alcohol-impaired driver. Running the numbers even further, that’s one death directly related to drunk driving every 48 minutes.
What happens to the family members who are left devastated in the aftermath?
For many, a wrongful death lawsuit provides the pathway forward from the terrible haze of confusion and distress in the immediate aftermath.
What is a wrongful death?
Essentially, it’s a legal term used to describe the passing of someone due to a negligent act of someone else. In order for a wrongful death lawsuit to be successful, it must be proven that the death was the direct result of the other person being negligent.
Who can file a wrongful death lawsuit in Alaska?
While the specifics may vary, most states follow the Alaska protocol of allowing only immediate family survivors to file a wrongful death lawsuit.
This includes spouses, children or other dependents of the person who lost their life.
If there are no immediate survivors, a personal representative of the person who lost their life can file a wrongful death claim on behalf of the estate.
What Can be Recovered in an Alaska Wrongful Death Claim?
Alaska law is very specific about the types of damages that can be recovered in a wrongful death lawsuit.
- Loss of consortium. Essentially, this means you can be compensated for the loss of companionship, comfort and care that was provided by your loved one.
- Loss of income. If the loved one worked, you should be able to recover the wages they would have earned if there had been no accident.
- Expenses stemming from your loved one’s medical treatment and death. This includes medical bills, as well as funeral and burial expenses.
- Child and spousal support. If you or other beneficiaries received child or spousal support from the victim, you should be able to recover those.
How Long Do I Have to File a Wrongful Death Lawsuit in Alaska?
The statute of limitations for bring a wrongful death lawsuit in Alaska is two years from the date of the victim’s death.
If you miss that window of time, your case will likely be dismissed by the court.
For More Information About Alaska Wrongful Death Lawsuits, Call The Personal Injury Lawyers With Barber & Associates.
The loss of a loved one is often traumatic – especially when their life has been suddenly brought to a close by someone who decided to drive drunk.
For professional and caring legal guidance during this difficult time, call us here at Barber & Associates. We’re glad to provide a free consultation.