FAQ

  • Adoption

    • How do I know if adoption is right for me and my family?

      Adoption is a significant and personal decision. It’s important to talk it through with people you trust, such as family members, mentors, or spiritual advisors. You may also want to connect with organizations like HeartReach Pregnancy Center or Catholic Social Services, which can help you explore whether adoption is the right path for you.

      Ben is available to discuss the legal aspects and help you move forward with clarity.

    • How long does the adoption process take?

      Each adoption is unique, but the court requires a minimum of six months of legal jurisdiction over the child before finalizing an adoption.

    • What are the legal requirements for adopting a child in Alaska?

      For adoptions other than relative/step-parent adoptions, the state will:

      • Conduct a routine background check
      • Require a home study, which involves interviews and an in-home visit from a licensed social worker

      In most cases, either the birth parents must consent to the adoption or a court must terminate their parental rights. Sometimes, other parties such as a Native tribe or legal guardian may also need to give consent. Ben will ensure you are fully prepared and compliant with all legal requirements.

    • How is the process different for stepparents or grandparents?

      Stepparent and grandparent adoptions are often simpler. If the biological parent consents, the process usually moves more quickly and with fewer complications.

      These adoptions create legal security and deepen the emotional bond between the child and the caregiver. They can also relieve a biological parent of child support obligations, which sometimes encourages cooperation.

    • Do the birth parents or child have to give consent?

      If the court has already terminated the birth parents' rights or the parents can be shown to have abandoned the child or are unfit as parents, their consent may not be necessary.

    • Can birth parents see the child after the adoption?

      Once the court finalizes the adoption, the child becomes a full legal member of the adoptive family. The adoptive parents have complete parental rights.

      Adoptive parents may allow visits or photo sharing with birth parents, but this is always at their discretion.

  • Car Accidents

    • What should I do if I’m injured in an accident?

      If you’ve been hurt in an auto accident, here are the essential steps to take:

      • Seek medical attention immediately, and follow your provider’s instructions.
      • Exchange contact and insurance information with the other driver.
      • Wait for the Troopers or police, if possible. Law enforcement will document the scene, assign fault, and create an accident report — all crucial for your case.
      • Take photos of the scene, your vehicle, and any injuries.
      • Notify your insurance company as soon as you can.
      • Contact an experienced attorney to understand your legal options.
      • Keep a journal describing the accident and your recovery process. This can help support your claim later.
    • Do I need to be seriously injured or have medical treatment to seek compensation?

      Not necessarily. Compensation can include:

      • Economic losses like medical bills and lost wages
      • Non-economic damages such as pain, suffering, and emotional distress

      Even if your injuries weren’t treated immediately, you may still have a valid claim. An attorney can help assess your situation and advise on the best path forward.

    • What happens if I was partly at fault for the accident?
      Under Alaska’s comparative fault system, you can still seek compensation even if you were partially at fault. Your settlement will be reduced by your percentage of responsibility. For example, if you’re found 10% at fault, your compensation will be reduced by 10%.
      Ben can help highlight the facts that support your claim and minimize your liability.
    • Do I have to accept the insurance company’s first offer?
      No. You are not required to accept the initial offer, especially if it feels low.
      Insurance companies often try to settle quickly and cheaply. Before agreeing to anything, speak with a personal injury attorney who can evaluate whether the offer reflects the real value of your claim.
    • Can I ask the insurance company for more money after I’ve already settled?
      Usually, no. Once you sign a settlement release, you typically give up the right to pursue further compensation, even if new injuries are discovered.
      That’s why it’s so important to fully understand the scope of your injuries and treatment plan before settling. Always consult an attorney first.
    • What do I have to prove in a personal injury claim?

      In Alaska, personal injury claims come down to two questions:

      1. Who was at fault? (Liability)
      2. What are your damages? (Losses and expenses)

      You must show that the other driver was negligent and that their actions caused your injuries. Your attorney will gather evidence such as medical records, witness statements, and police reports to help meet the legal standard of proof: “preponderance of the evidence” (51% or more).

    • What documents or evidence should I keep?

      Hang on to anything related to your accident, including:

      • Insurance letters or emails
      • Medical records and bills
      • Photos of the crash or injuries
      • A personal journal describing your recovery
      • Witness names and contact info

      Your attorney will let you know what’s most useful for building a strong case.

    • What if the other driver doesn’t have insurance?
      If the other driver is uninsured or underinsured, your UM/UIM coverage (Uninsured/Underinsured Motorist) may apply. This allows you to make a claim through your own policy. Ben can help you navigate this process and ensure you receive the coverage you’re entitled to.
    • What if the accident caused a death or catastrophic injury?
      Severe injuries or fatalities often involve multiple insurance policies. A skilled attorney will investigate all potential sources of compensation and handle any complex coverage issues. These cases are emotionally and legally complex. Ben has the experience to guide families through them with care and diligence.
    • Will my attorney help manage my medical bills?

      Yes. Your attorney should:

      • Track your accident-related medical charges
      • Identify any medical liens (claims placed on your settlement by providers)
      • Work to resolve those liens, often at a reduced rate, after your case is settled

      This helps ensure your medical expenses are paid and you keep as much of your recovery as possible.

  • Medical Injury

    • What should I do if I believe a medical mistake caused serious harm?

      If you believe medical care caused serious injury or the loss of a loved one, there are a few important steps to take:

      • Seek appropriate medical care and follow your provider’s instructions.
      • Request and keep copies of your medical records.
      • Write down what happened, including dates, providers involved, and any symptoms or changes you experienced.
      • Contact an experienced attorney to determine whether your case warrants further review.

      Early evaluation is important, as medical injury claims involve strict deadlines and detailed evidence.

    • What qualifies as medical malpractice in Alaska?

      Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury or death.

      This can include:

      • Missed or delayed diagnoses
      • Surgical or procedural errors
      • Medication mistakes
      • Failures in patient screening or monitoring
      • Inadequate follow-up care

      Not every bad medical outcome is malpractice. The main question is whether the standard of care was breached and whether that breach of the standard caused the harm.

    • How do I know if I have a valid medical injury claim?

      Medical malpractice cases require careful evaluation. In general, a claim may exist if:

      • A medical provider made a serious error
      • The error fell below accepted medical standards
      • The error directly caused significant injury or death

      All cases require review by a qualified expert before a determination can be made. An attorney can help coordinate that review and explain your options.

    • Is expert medical input required in Alaska medical injury cases?

      A medical injury claim must be supported by a qualified medical expert who has reviewed the care that was provided and determined that the care fell below the accepted standard of practice and that this error led to the harm suffered. The degree of medical certainty required for the expert's opinion is 'more likely than not’.

      This expert review is a key part of deciding whether a case can be responsibly pursued.

    • How long do I have to file a medical malpractice claim in Alaska?
      Generally, medical injury claims, like other forms of negligence in Alaska, must be filed in court within two years of the date of injury.  However, if the potential claim was not reasonably discovered until some time after the breach/injury, the two-year time clock starts with either the date of discovery or the date it reasonably should have been discovered.
    • What types of compensation may be available in a medical injury case?

      Depending on the circumstances, compensation may include:

      • Medical expenses and future care costs
      • Lost income or reduced earning capacity
      • Pain, suffering, and emotional distress
      • Damages related to wrongful death

      Every case is different, and available compensation depends on the facts and Alaska law.

    • Does Ben accept every medical injury case?
      No. Medical injury cases are complex, expensive, and time-intensive. Ben carefully evaluates each potential claim and works with medical experts to determine whether there is sufficient evidence to move forward. Not every case qualifies, but every inquiry is treated with care and respect.
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