Wrongful Death Attorney in Fairbanks

There is no such thing as a manageable loss. Whether it is sudden or long-anticipated, the death of a human is not something that anyone can look over. When a loved one passes away, the healing process can be long and painful, and it can feel lonely. No charming advice, vengeful justice, or comforting words can bring them back. A compassionate Fairbanks wrongful death attorney at Ringstad Law Office, P.C. can empathize with you and want to make your path back to everyday life as smooth as possible.

So, what exactly is a wrongful death claim? When someone dies due to another person’s negligence or fault, the deceased person’s family or loved ones may have a wrongful death claim. Negligence is described as failing to act as a typical, reasonable person would have acted, and it can cause a car accident, a defective product accident, or even unsafe conditions. A death that results from any of these situations would be described as a wrongful death.

These cases can be financially draining for a family because they often include a long time in the hospital, making the victim comfortable or trying to heal whatever ailments may have been wrongfully caused. Those are the expenses the lawyers at Ringstad Law Office, P.C. are prepared to help you collect. Under no circumstance should you have to pay for another person’s negligence at the cost of your loved one’s life.

Who Can File a Wrongful Death Claim?

A wrongful death claim can be filed in Alaska any time the deceased person could have brought a personal injury claim to court if they had lived. The decedent’s family members may bring a wrongful death claim in many states. In Alaska, only the personal representative or executor of the decedent’s estate can file a wrongful death lawsuit. There is only one exception: a parent may file a wrongful death claim when the claim is for the wrongful death of a fetus. The executor who files a wrongful death claim does so on behalf of the estate, which means that the heirs to the estate will benefit from a successful wrongful death claim.

Is a Wrongful Death Lawsuit a Criminal Case?

A wrongful death claim is not a criminal case, although a criminal case can also be filed as a result of a death where a criminal offense occurred that caused the death. A civil wrongful death claim concerns financial damages from the at-fault party, while criminal charges can result in penalties like jail or prison time. There is a higher burden of proof for a criminal case since there is more than money at stake—a person’s freedom is potentially at stake. Because of this, criminal charges require proof beyond all reasonable doubt. On the other hand, a civil claim must only show that there is a preponderance of the evidence that the defendant was negligent and that negligence caused your accident. A defendant can face civil and criminal charges related to the same death.

What Damages Can I Expect from a Successful Fairbanks Wrongful Death Claim?

Damages in a wrongful death claim are intended to compensate for the financial and emotional losses caused by the person’s death. The damages you may be entitled to receive for a wrongful death claim include the following:

• Funeral and burial expenses
• Medical bills incurred before the death
• Loss of economic support
• The loss of comfort, care, protection, affection, and companionship the decedent would have provided if they had lived
• Loss of assistance or services the decedent would have provided to their loved ones
• Any loss of inheritance or loss of training and education that the decedent would have provided

Things to know about wrongful death cases in Fairbanks, AK:

• In order to prove wrongful death, it must be proven that the wrongful acts or behaviors were directly involved in the decedent’s injury and death.
• While children may be entitled to compensation for the lost financial support of a deceased father and his loss, a wife would receive monetary support for the loss of love and companionship and a lifetime of expected support. A parent would only recover damages for companionship loss and no support.

The people who may be sued in a wrongful death case are:

• The driver in a car accident is at fault
• The government official who did not post sufficient signage regarding road hazards that caused an accident
• The bartender or vendor who provided alcohol to a drunken person who then drives
• The designer, creator, or distributor of a broken or dangerous part of the vehicle

No amount of compensation will bring your loved ones back, but we believe the burden of funeral expenses shouldn’t fall on you. When someone is admitted into the hospital for some time before the funeral, those heavy medical bills can add an unnecessary financial burden to the already stressful time of your life. Your friends or family members deserve the best, and you shouldn’t let money stop you from sending them on in the most meaningful way. Our goal is to ensure you are involved every step of the way while allowing you to grieve on your terms. We know it’s a deeply personal and familial time for you.