If you have lost a loved one due to someone else’s negligence in Alaska, understanding your legal rights is a critical first step toward justice. This guide covers Alaska’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Beyond the grief, families often face significant financial hardship and a confusing legal landscape when deciding how to pursue justice. Alaska’s geography and industries create unique wrongful death circumstances – from aviation crashes to maritime fatalities – and understanding the state’s legal framework is essential before taking action.
Alaska Wrongful Death Laws
The Alaska Wrongful Death Statute
Alaska’s wrongful death law is governed by Alaska Statutes § 09.55.580. The statute allows the Personal Representative of the deceased’s estate to file a wrongful death claim on behalf of the surviving beneficiaries. Alaska follows a traditional compensatory damages framework, allowing families to recover for the full financial and emotional impact of their loss.
Who Can File
The Personal Representative of the deceased’s estate files the wrongful death lawsuit. The beneficiaries on whose behalf the claim is brought include the surviving spouse, children, and other dependents of the deceased.
Statute of Limitations
Alaska imposes a 2-year statute of limitations for wrongful death claims, measured from the date of death. Missing this deadline permanently bars the family from pursuing a civil claim. Prompt legal consultation is essential.
Recoverable Damages
Alaska allows recovery for pecuniary loss (financial support the deceased would have provided), loss of support, loss of companionship, and funeral and burial expenses. For general wrongful death claims, Alaska caps non-economic damages at $400,000 or the deceased’s life expectancy multiplied by $8,000, whichever is greater, under Alaska Statutes § 09.17.010. Medical malpractice wrongful death claims are separately subject to a non-economic damage cap under Alaska Statutes § 09.55.549: $400,000 for wrongful death cases (the higher tier; the standard non-death med mal cap is $250,000). Economic damages remain fully uncapped in all cases.
Survival Action
Alaska maintains a separate survival action alongside the wrongful death claim. The survival action allows the estate to recover for the deceased’s own losses – including pre-death pain and suffering, medical expenses incurred before death, and lost earnings during the period between injury and death. Both claims are typically pursued simultaneously to maximize total recovery.
Top 3 Wrongful Death Attorneys in Alaska
1. Barber & Associates LLC
Location: Anchorage, AK
Phone: (907) 276-5838
Website: https://alaskainjury.com
Key Attorney: Jeffrey J. Barber
Regarded as one of Alaska’s premier personal injury and wrongful death firms, Barber & Associates possesses highly specific expertise in fatal aviation crashes, commercial fishing disasters, and heavy machinery accidents – the types of catastrophic incidents most common in Alaska. They utilize specialized economic experts to accurately calculate lifelong pecuniary and support losses for the estate, and they pursue both the wrongful death and survival actions simultaneously to maximize recovery for the family.
2. Crowson Law Group
Location: Anchorage & Wasilla, AK
Phone: (907) 777-7777
Website: https://crowsonlaw.com
Founded by James Crowson, a former insurance company defense attorney, this firm’s background gives them an immense tactical advantage. They know exactly how insurance adjusters attempt to devalue loss of companionship and financial support claims. They are aggressive negotiators who aim to maximize economic damages – which remain fully uncapped – and they apply insider knowledge of insurance defense strategy to secure stronger outcomes for grieving families.
3. Dillon Findley & Simonian, P.C.
Location: Anchorage, AK
Phone: (907) 277-5400
Website: https://dillonfindley.com
Key Attorney: Meg Simonian
This firm is widely recognized and Super Lawyers rated for handling the most complex, high-value litigation in Alaska. They are particularly renowned for medical malpractice wrongful death suits. Since Alaska allows a separate survival action, they meticulously pursue both pre-death pain and suffering alongside the wrongful death damages, ensuring the estate extracts maximum accountability from negligent healthcare providers and corporations.
Frequently Asked Questions
What makes Alaska wrongful death cases unique compared to other states?
Alaska’s geography and economy create wrongful death circumstances that are relatively rare in other states. Aviation accidents – including small plane crashes and helicopter disasters – commercial fishing fatalities, maritime deaths, and heavy industrial accidents are among the most common wrongful death scenarios in Alaska. These cases often involve complex federal laws such as the Jones Act for maritime deaths, and they require attorneys with specialized expertise in these specific industries.
Can I file a wrongful death claim if the death involved a federally regulated industry?
Yes, but federal laws may apply alongside state law. Maritime deaths may be governed by the Jones Act or the Death on the High Seas Act. Aviation fatalities may involve federal aviation regulations. An Alaska wrongful death attorney with experience in these specific areas is essential to ensure that all applicable legal theories are pursued.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their own losses – the financial support, companionship, and services they lost when the deceased died. A survival action compensates the estate for what the deceased personally suffered and lost between the time of injury and death, including their own pain and suffering, medical bills, and lost income during that period. Alaska allows both claims to be pursued simultaneously, and experienced attorneys will file both to maximize the total recovery.
Are there caps on wrongful death damages in Alaska?
For general wrongful death claims – aviation crashes, commercial fishing, industrial accidents, and non-medical negligence – Alaska caps non-economic damages at $400,000 or the deceased’s life expectancy multiplied by $8,000, whichever is greater, under Alaska Statutes § 09.17.010. Economic damages such as lost future earnings and medical expenses are fully uncapped in all cases. Medical malpractice wrongful death claims are subject to a separate non-economic damages cap under Alaska Statutes § 09.55.549: $400,000 for wrongful death cases (Alaska uses a higher cap tier when death is involved, versus $250,000 for non-fatal med mal cases). The cap does not apply when the malpractice involved reckless or intentional misconduct.
Does the outcome of a criminal case affect my civil claim?
No. A civil wrongful death lawsuit and any criminal prosecution operate entirely independently. You may pursue a civil claim regardless of whether the responsible party was criminally charged or convicted. The burden of proof in a civil case is lower than in a criminal trial.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline begins running from the date of death. Preserve any evidence related to the incident. Obtain a copy of the death certificate and any accident or incident reports. Do not speak with the responsible party’s insurance company without first consulting an attorney.
Closing
Alaska’s unique industries and geographic challenges make experienced legal representation essential in wrongful death cases. The firms listed above have the specialized expertise required to handle Alaska’s most complex fatal accident claims. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today for a free, confidential consultation.
For immediate grief support resources, contact the National Alliance for Grieving Children at (866) 432-1542.