Alaska Wrongful Death Lawyer

Who has the right to bring a wrongful death case in Alaska?

The personal representative of the deceased person's estate. That person, often a spouse, adult child or close relative, files on behalf of the people the law protects, rather than each family member filing separately.

If the person had a will naming an executor, that person usually serves. If not, a court can appoint a representative through the probate process. The recovery is generally held for the benefit of the surviving spouse, children and other dependents. When the person left none of these, Alaska generally limits the claim to the estate's own losses, such as lost earnings the person would have accumulated and medical and funeral costs, rather than the family's personal losses.

What losses can Alaska families recover?

The damages focus on what the family lost because of the death. Depending on who survived, they can include:

• Lost financial support and the value of earnings the person would have provided.
• Loss of household services, care and guidance.
• Loss of love, companionship and consortium.
• Medical and funeral expenses.

Alaska's caps on noneconomic damages generally apply to wrongful death claims as well as injury claims. That puts weight on detailed proof of economic losses, including future earnings, benefits and the value of work the person did around the home and for the family. In rural Alaska, that work may include subsistence hunting, fishing and gathering, which can carry real economic value for a household.

How does fault sharing affect a family's recovery?

Under pure comparative fault, the family's recovery is reduced by the deceased person's share of fault but is not eliminated. Fault can also be divided among several defendants.

A worked example: a family's damages after a fatal snowmachine trail collision are $800,000. The jury finds the other operator 65% at fault for excessive speed and the deceased person 35% at fault for crossing without stopping. The family can recover $520,000, subject to any applicable caps on the noneconomic portion. In a 50%-bar state, the family would still recover in this example, but a 55% finding against the deceased person would end the claim. In Alaska, it would not.

Which Alaska cases most often lead to wrongful death claims?

Highway crashes, small aircraft accidents, commercial fishing and workplace deaths, medical errors and drownings are among the most common. Each has its own rules:

• Fatal crashes on winter highways often involve multiple vehicles and contested fault; see our Alaska truck accident page for commercial vehicle cases.
• Aircraft accidents involve federal aviation records and maintenance history.
• Deaths at sea may fall under federal maritime law rather than state law.
• Workplace deaths can involve workers' compensation death benefits as well as claims against other companies.
• Medical deaths require expert review and may involve federal claim procedures for some providers.

How is a wrongful death case different from criminal charges?

They are separate cases with separate goals. A prosecutor brings a criminal case to punish a crime. The personal representative brings the wrongful death case to compensate the family.

A conviction can be strong evidence in the civil case, but the civil case does not depend on one. Criminal courts may also order restitution, which usually covers only specific out-of-pocket costs and does not replace a full civil claim for the family's losses. The civil standard of proof is lower, so a family can win even if the criminal case ends without a conviction or no charges are filed. Meanwhile, the 2-year civil deadline keeps running, so families should not wait for the criminal case to end.

What can an Alaska family do now?

Take care of immediate needs first, then take a few steps that protect the claim. Alaska families often face added strain when a death happens far from home, in a remote village or during seasonal work, so we can start by phone or video and gather records from wherever they are held.

1. Request the death certificate and any police, troopers or incident report.
2. Keep photos, messages, receipts and records of the person's income and contributions.
3. Decide who should serve as personal representative and whether an estate needs to be opened.
4. Avoid recorded statements to insurers before speaking with a lawyer.

Learn how these cases work nationally on our wrongful death page, or visit our Alaska injury guide for other claim types. Our attorneys offer a free, confidential case review by phone or video, and families pay no fee unless we win.