Personal Injury

If you are involved in an automobile accident, do not take any chances. Call Birch Horton Bittner & Cherot. We have been representing injured Alaskans for over 40 years and can put our experience to work for you.

When you are injured in an automobile accident that is not your fault, your focus should be on your recovery, not on dealing with insurance adjusters, forms and the opposing insurance company. Our attorneys will step in to communicate directly with insurance companies on your behalf, taking care of loose ends and allowing you to recover. Avoid making the mistake of settling your claim for only a few hundred dollars when damages often far exceed that amount. We will guide you through the process of settling claims only when you know the full nature of your injuries and all damages from the accident.

Did you know that:

• When you are in an accident, the other insurance company often calls for a recorded statement and sometimes tries to settle your claim for only a few hundred dollars. You are in no way obligated to speak to this insurance company, and you do not have to give a recorded statement.
• Many people settle their claims immediately after an accident – long before they know the full extent of their injuries.
• When you settle with the insurance company, many other parties will ask for a portion of your settlement: your health insurer, automobile insurer, medical care provider and even Medicaid or Medicare.
• If you have underinsured motorist coverage, you must obtain consent from your insurance company if you settle for insurance limits.

Avoid these common pitfalls and make sure you obtain the best possible recovery by having a team of lawyers by your side. For new claims or existing claims, we will ensure that you receive the maximum benefit that is due to you. We have the knowledge and expertise to make this difficult process less painful.

Aviation Litigation

One of the risks inherent in living in Alaska is the potential for a plane crash, especially due to the terrain and weather. In the event of a crash, the potential for serious bodily injury or death is likely. When such an event takes place, and you, a friend or a family member is injured or even killed, it is critical that you have a team of lawyers on your side that will be able to help you every step of the way. Birch Horton Bittner & Cherot has experienced litigators in place to make sure your case is handled properly.

Our attorneys know every key element to handling a case involving a plane crash. From opening a dialog with the investigator from the National Transportation Safety Board to communicating promptly with insurance companies, our attorneys have decades of experience in working with this industry. We have the skills and knowledge necessary to ensure that you or your loved ones obtain the maximum recovery possible.

Plane crashes often evolve into products liability cases. When dealing with the aircraft manufacturer, you need an attorney who has experience in handling these types of cases and has a close working relationship with the necessary experts to address the issues involved in the crash. Birch Horton Bittner & Cherot has active relationships with experts in this field along with over 40 years of experience in handling product cases, including over a dozen plane crashes.

Bad Faith Insurance Claim

Just about everyone relies on insurance companies to protect them when there is a loss. The law in Alaska and every other state requires that everyone who drives a vehicle have some level of insurance. Therefore, we rely heavily on our insurance companies. In exchange, the law provides a heightened duty of care when it comes to the relationship between the insured and the insurer. This duty is often referred to as the implied-in-law covenant of good faith and fair dealing. It requires the insurer to treat the insured fairly. There is also a series of regulations called the Unfair Claims Handling Regulations that have very specific requirements regarding what an insurer can – and cannot – do. All of these laws are designed to protect the insured and to prevent the insurer from acting in an abusive manner.

Despite these legal requirements, too often an insurer will happily collect the premium payments, but then turn its back on you when a claim is presented. Some insurers will do whatever it takes to avoid having to pay a claim and some insurance adjusters are trained to pay as little as possible on a claim. Insurers have been known to act in an unfair and deceptive manner in the way they treat an insured who has presented a claim. If you are a victim of this abusive and improper behavior, you need the team of lawyers at Birch Horton Bittner & Cherot Personal Injury to help you. We know the laws and regulations and will fight to make sure the insurance companies are fair. We fight hard to force the insurer to pay you every dollar that is owed. We will be by your side and make sure you are treated fairly.

Slips, trips, and falls occur more frequently than you might expect. The Centers for Disease Control and Prevention (CDC) reports that in 2016, direct medical costs associated with falls in the United States were almost $43 billion. Also, it has been reported that falls are the most common cause of traumatic brain injury, and most fractures suffered by older adults are caused by falls, according to CDC. Slip-and-fall accidents can happen practically anywhere, indoors or out. When a floor is wet or slippery, or the pavement is icy or littered with loose gravel or other debris, an ambulant person may slip, lose balance, and fall (slip and fall). Falls also occur when people trip over obstacles (trip and fall), encounter sticky spots or impediments in the walking path (stump and fall), or fall when the foot meets a hole or failure in the walking surface (step and fall). If these accidents were caused due to the negligence of another, you have the right to seek compensation.

The law in Alaska provides that every business must maintain their property to avoid any unreasonably dangerous condition. This is especially true when dealing with a business owner who invites the public into his or her property. If there is something about the property that is inherently dangerous, and you are injured as a result, you have a claim. The team of lawyers at Birch Horton Bittner & Cherot Personal Injury is here to help. We have handled dozens of these claims and know what it takes to prevail. We understand the building codes and have access to human factor experts who can evaluate whether a condition was dangerous. Let us put our experience and expertise to work for you. We stand ready to help you in your time of distress.

Losing a loved one is one of the most difficult moments in a person’s life. When this loss is caused by the fault of another, it can be even harder. During such a grievous time, be sure you have a team of lawyers on your side looking out for your best interests. At Birch Horton Bittner & Cherot, we will take care of all the details, allowing you the time you need to grieve. We will communicate directly with the insurance companies and take care of all the loose ends.

In any wrongful death case, you need an experienced team of lawyers to ensure that the case is handled properly. In Alaska, there is a very specific and complicated set of rules dealing with a wrongful death lawsuit. This law sets forth the time limits for bringing such a claim, it names the person or persons who can file suit, and it requires the creation of an estate to facilitate the filing of such a claim. There are also very complicated rules in place specifying the type of damages that can be recovered. Birch Horton Bittner & Cherot’s attorneys will ensure that you recover all possible damages and are not denied certain recoveries, and we will also assist in setting up an estate.

Birch Horton Bittner & Cherot attorneys have been successfully handling wrongful death cases for over four decades. With this knowledge and experience, we have a thorough understanding of the wrongful death statute and its unique rules.