This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Alaska Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
But Alaska's wrongful death law states that when determining the amount of the damages to award, the court will consider a number of factors, including: funeral and burial expenses. costs of medical bills. loss of economic support, such as the wages earned and money saved by the deceased had he or she survived.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
How Long Do I Have to File a Wrongful Death Claim? The statute of limitations to file a wrongful death claim in Alaska is two years. This means you have only two years from the date of your loved one's passing to file a claim or you will most likely lose your right to file and recover compensation.
In Alaska, most personal injury lawsuits must be filed within two years of the date of the accident. This is known as the ?statute of limitations.? However, there are some exceptions to this rule.
The Alaska law which provides for survival actions is found at Alaska statute 09.55. 570, which law requires any money allowed for pre-death pain-and-suffering be passed into the estate of the decedent (regardless of whether there are surviving dependents).
Simply put, a wrongful death lawsuit is a claim filed by the immediate family members of the deceased against a person or entity who could be held liable for the death of their loved one. The lawsuit allows surviving family members to recover damages for their loss.