Finding Attorneys In Wasilla

by Kristen White Blogger

Auto Accidents

If you are involved in a car accident and want to bring a lawsuit, there are going to be two main things you will have to prove—liability and damages.

Liability is proven by demonstrating that the other driver acted negligently and therefore was the cause of the accident. Or, in cases not involving other cars, either someone or some entity failed to properly maintain the road, failed to warn of a dangerous condition or performed some other act or omission that caused the condition that resulted in your accident.

Damages is essentially how you were hurt. Damages include economic damages (calculable amounts such as medical bills, lost wages and property damage) and non-economic damages (more subjective amounts such as pain and suffering).

Proving both liability and damages requires evidence. An Auto Accident Lawyer In Alaska knows the evidence you need to find—and how to use it—to obtain the greatest award for you. You must remember that you, as the plaintiff, have the burden of proof to demonstrate that the other party was negligent and you were hurt.

So what types of evidence are important to obtain?

To prove liability, it will be helpful to obtain a police report. As such, the first thing you should do after you make sure everybody is safe, is to call the police. But do not rely on the police entirely. Instead, gather as much evidence as possible at the scene, including the name, address, driver’s license number, plate number and insurance information from other drivers involved. Find out if any other driver was in the course of their employment at the time, as this may lead to a claim against a company which may have higher insurance limits. Get the names and contact information of any witnesses and find out if anyone has taken pictures and ask them to forward them to you. Take photographs yourself of the scene (including traffic signals, skid marks and road conditions), damage to your car and any damage to the other cars.

As it pertains to damages, evidence comes primarily from medical records, as these will demonstrate the amount of treatment you had. However, when it comes to pain and suffering claims, you should keep a log of all treatment you had, when you felt pain, and any negative impact your injuries had on your life. When it comes to damages to property, records related to car repairs and rental costs are important. And if your car is totaled, receipts for any recent work you paid for can add value to your property damage claims. Finally, make sure you obtain all hospital records, x-rays and MRIs and evidence of lost wages.

Fatalities in Auto Accident Cases

If someone is killed in an auto accident, Lawyers In Wasilla Alaska can bring a “wrongful death” claim on behalf of the deceased person’s estate. The monies recovered will typically benefit a “party in interest” or a person that suffers as a result of the decedent’s death. Although the most common beneficiary will be a close family member, any person that suffers financially as a result of the fatality also has standing to sue.

As with the auto accident claim itself, In Alaska, a party bringing the claim typically must file the lawsuit within two (2) years. If you fail to do this, the lawsuit is likely to be dismissed because it violated Alaska’s “statute of limitations.”

As with the non-fatal auto accident case, both economic and non-economic damages are recoverable.

Both lawsuits for personal injuries and wrongful death typically settle before trial, and for several reasons.

Both parties run a great risk in going to trial. There are simply too many variables that can lead to the lack of—or a very small—recovery for a plaintiff, whether it be poor lawyering, weak facts or a judge, jury or witness having a bad day. For the same reasons, a defendant may suffer a similar fate, resulting in an inflated award to a plaintiff. Settlement is definite and therefore avoids risk.

In sum, whether or not your auto accident involves injuries to you or the death of another, hiring a lawyer is important to guide you through the process. And if your accident occurs nearby, there are plenty of qualified lawyers available for your needs.