Fairbanks Wrongful Death Lawyers

Serving Fairbanks families and all of Interior Alaska · Free consultation · Contingency fee — no fee unless we recover

Reviewed by Mark Choate, J.D. · Last updated July 2026

Quick answer

Choate Law Firm is an Alaska wrongful death trial firm that represents Fairbanks families who have lost a loved one because of someone else's negligence — in highway and winter-driving crashes, workplace and industrial accidents, drunk-driving collisions, medical negligence, and deaths involving the Interior's military community. Under Alaska law, a wrongful death claim is filed by the personal representative of the deceased person's estate (AS 09.55.580), generally within two years of the date of death. Damages are recovered for the surviving spouse, children, and dependents — including lost financial support, loss of companionship, and funeral costs. Fairbanks wrongful death cases are filed in the Fourth Judicial District at the Rabinowitz Courthouse. We have tried serious injury and death cases to Alaska juries since 1980, from our home office in Juneau, and we handle every case on a contingency fee: no fee unless we recover for your family. Call (907) 586-4490 for a free consultation.

Who can file a wrongful death claim in Alaska?

The personal representative of the estate files the claim — not the family members directly — under AS 09.55.580. The personal representative is usually named in the will, or appointed by the court if there is no will. Any recovery is then held for the surviving spouse, children, and other dependents. When the deceased left no spouse, child, or dependent, the recovery is limited to the estate's financial losses. We help Fairbanks families get a personal representative appointed quickly so the claim can move forward.

How long do we have to file?

Two years from the date of death, under AS 09.55.580 — and the deadline is strict. Some circumstances can change the calculation — and deaths involving federal property or the military can follow entirely different procedures and shorter administrative deadlines — but a missed deadline usually ends the claim permanently. Evidence also degrades fast in the Interior: winter crash scenes change with the next snowfall, witnesses rotate off military assignments, and records get purged. Talking to a lawyer early costs nothing and preserves your options. See our Alaska statute of limitations guide.

What compensation can Fairbanks families recover?

Alaska law allows recovery of both financial and non-financial losses, awarded on what is "fair and just" for the survivors. That typically includes:

Loss of the financial support your loved one would have provided
Loss of companionship, guidance, and household help
Medical bills between the injury and the death
Funeral and burial expenses

According to AS 09.17.010, non-economic damages in Alaska are generally capped at the greater of $400,000 or $8,000 per year of the deceased's remaining life expectancy. Punitive damages (AS 09.17.020) may be available for outrageous or reckless conduct — including some drunk-driving deaths. If your loved one was partly at fault, Alaska's pure comparative fault rule (AS 09.17.060) reduces the recovery by that share — it does not eliminate it.

Where Fairbanks wrongful death cases are handled

Cases arising in Fairbanks are filed in Alaska's Fourth Judicial District at the Rabinowitz Courthouse, 101 Lacey Street. According to the Alaska Court System, the Fourth Judicial District covers Fairbanks and Interior Alaska. Fatally injured patients are typically treated first at Fairbanks Memorial Hospital — a Level III trauma center and the Interior's main acute-care hospital — and the most critical patients are flown to Anchorage, since Alaska has no Level I trauma center. Members of the military community may be treated at Bassett Army Community Hospital on Fort Wainwright. When a death follows a medevac or transfer, the medical records span multiple facilities — and assembling that record correctly is central to proving the claim.

Fatal crashes on Interior highways and winter roads

The driving conditions that make Fairbanks unique — extreme cold, ice fog, and months of winter darkness — are also what make its fatal crashes different. The Richardson, Parks, and Steese Highways connect Fairbanks to the rest of the state across long, remote stretches far from emergency care; in-town arterials like the Johansen Expressway and Airport Way see serious collisions year-round. In deep winter, ice fog can cut visibility to near zero, and the Fairbanks area averages roughly 126 moose-vehicle collisions a year (Alaska Department of Fish & Game), concentrated in the dark months. Proving fault in a winter fatality often requires accident reconstruction, weather and road-maintenance records, and prompt scene evidence — before the next storm erases it.

Workplace and industrial deaths: workers' compensation is not the whole story

If your loved one died on the job, Alaska workers' compensation pays limited death benefits — but under AS 23.30.055 it is generally the exclusive remedy against the employer, and it pays nothing for grief or loss of companionship. What many Fairbanks families are never told: the exclusive-remedy rule does not protect third parties. If a negligent contractor, equipment manufacturer, property owner, or driver from another company contributed to the death, a full wrongful death claim can proceed against them alongside the workers' compensation claim. In the Interior's industrial economy — construction, trucking, mining support, utilities, and pipeline work — a third party is involved more often than families expect. We evaluate both claims together, at no cost.

Deaths caused by drunk drivers

A drunk-driving death can support more than a standard negligence claim. Punitive damages under AS 09.17.020 may be available for the driver's reckless conduct, and Alaska's dram shop law (AS 04.21.020) allows civil claims against alcohol licensees who unlawfully serve a drunken person or a minor who then kills someone. The civil case is separate from the criminal DUI prosecution — you do not need to wait for a conviction, and your family can recover even if the criminal case falters. See our Alaska drunk driving accidents page.

Military families: Fort Wainwright and Eielson Air Force Base

With Fort Wainwright in Fairbanks and Eielson Air Force Base nearby, wrongful deaths in the Interior sometimes involve service members, federal employees, or federal property — and that changes the rules. A death on base or caused by a federal employee may fall under the Federal Tort Claims Act, which requires an administrative claim first and has its own strict deadlines; claims by service members themselves face additional limits. Deaths of military family members and deaths caused by private parties generally proceed under Alaska law. Which path applies is a case-by-case legal question — and getting it wrong can end a valid claim. We evaluate the jurisdiction question at no charge.

What does a wrongful death lawyer cost?

Nothing up front. We work on a contingency fee — we are paid a percentage only if we recover for your family, and we advance the case costs. The consultation is free, and there is no obligation.

How to choose a wrongful death lawyer in Fairbanks

Jury trial experience in Alaska courts — insurers pay more when the firm can credibly try the case.
Focus on serious injury and death cases, not a general practice.
Familiarity with Interior conditions — winter fatality reconstruction, remote-highway evidence, and multi-facility medical records after medevac.
Ability to handle federal-jurisdiction issues when a death involves Fort Wainwright, Eielson AFB, or other federal property.
Direct access to the attorneys handling your case.
A clear contingency fee — no recovery, no fee.

Why Choate Law Firm

Choate Law Firm has represented injured Alaskans and grieving families statewide since 1980, including in Fairbanks and the Interior. Founder Mark Choate (J.D., Seattle University School of Law, 1980; graduate of the Gerry Spence Trial Lawyers College) has tried hundreds of cases to Alaska juries. Partner Jon Choate (J.D., Harvard Law School, 2010; former Manhattan Assistant District Attorney) adds deep trial experience. We take a small number of serious cases and prepare each one for trial. Call (907) 586-4490.

Frequently asked questions

Do you handle Fairbanks cases from Juneau? Yes. We represent families throughout Alaska, appear in the Fourth Judicial District, and meet by phone, video, or in person.

Who receives the money in an Alaska wrongful death case? The surviving spouse, children, and dependents, through the estate's personal representative (AS 09.55.580).

How long do we have to file? Generally two years from the date of death (AS 09.55.580). Deaths involving federal property or federal employees may have different, shorter administrative deadlines.

What if my loved one was partly at fault? Recovery is reduced by their share of fault, not barred (AS 09.17.060).

My loved one died in a work accident — can we still sue? You cannot generally sue the employer (AS 23.30.055 makes workers' compensation the exclusive remedy), but you can bring a full wrongful death claim against any negligent third party — a contractor, manufacturer, property owner, or driver from another company.

The driver who killed my family member was drunk. Does that change the case? It can add punitive damages (AS 09.17.020) and a possible dram shop claim against a bar or store that unlawfully served them (AS 04.21.020).

The death happened on Fort Wainwright or Eielson — is that different? It can be. Deaths on federal property or caused by federal employees may fall under the Federal Tort Claims Act, with its own claim procedure and deadlines. We evaluate which rules apply for free.

Is a wrongful death case different from a criminal case? Yes — it is a civil claim for compensation, separate from any prosecution, with a lower burden of proof. You can win the civil case even without a criminal conviction.

My loved one was medevaced to Anchorage before they died. Where is the case filed? Usually where the wrongful act happened — for a Fairbanks accident, the Fourth Judicial District — even if death occurred after transfer. The records from both hospitals become part of the case.

What does it cost to talk to you? Nothing. The consultation is free, and we take wrongful death cases on a contingency fee — no fee unless we recover.

Sources

AS 09.55.580 (wrongful death): https://law.justia.com/codes/alaska/title-9/chapter-09-55/article-05/section-09-55-580/
AS 09.17.010 (damages caps): https://law.justia.com/codes/alaska/title-9/chapter-09-17/section-09-17-010/
AS 09.17.060 (comparative fault): https://law.justia.com/codes/alaska/title-9/chapter-09-17/section-09-17-060/
AS 23.30.055 (workers' compensation exclusive remedy): https://law.justia.com/codes/alaska/title-23/chapter-23-30/article-01/section-23-30-055/
AS 04.21.020 (civil liability of persons providing alcoholic beverages): https://law.justia.com/codes/alaska/title-4/chapter-04-21/section-04-21-020/
Alaska Court System — Fourth Judicial District / Rabinowitz Courthouse: https://courts.alaska.gov/courtdir/4fa.htm
Alaska Dept. of Fish & Game — driving in moose country: https://www.adfg.alaska.gov/index.cfm?adfg=livewith.drivingmoosecountry

Disclaimer

This page is general information, not legal advice, and does not create an attorney-client relationship. Every case depends on its specific facts, and past results do not guarantee a similar outcome. Attorneys at Choate Law Firm LLC are licensed in Alaska, California, Hawaii, New York, and Washington (specific jurisdiction varies by attorney).