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We recently blogged a Christmas Eve crash on the Seward Highway at O’Malley road. The post can be found here. Sadly, this is an update to that post.

The Anchorage Daily News reports that 7 year old Nicholas Sims has succumbed to injuries sustained in the crash and passed away on December 29, 2008. Our cincerest condolences go out to Nicholas’ family and friends. There is nothing more tragic than the death of a child.

As an update to the previous post, please note the following:

1.) Nicholas’ parents may be able to bring an action against the other drivers for wrongful death. If the accident was the result of someone else’s negligent then their insurance may be available to help cover the costs associated the Nicholas’ funeral services, burial, as well as your emotional suffering.

2.) Alaskan law recognizes what is known as a survivor action. This allows for Nicholas’ survivors (his parents) to bring a suit to recover damages for all of the pain and suffering Nicholas endured following the accident until his death.

3.) It doesn’t matter who was cited in the accident. It doesn’t matter if no one was cited. Your best best is to contact an attorney ASAP. Only an attorney who has properly handled cases like this can properly advise you of your rights.

4.) Even if the driver of Nicholas’ vehicle was responsible for the accident, their insurance may still be available to help with the costs of his care following the accident, funeral and burial expenses and more.

5.) For more information you can contact Ward Merdes for a referral at the number below or you can contact the Alaska Bar Association for a free lawyer referral at 1-800-770-9999, or visit the National Board of Trial Advocacy website at

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