What To Do If You Are Injured In An Accident?by Kristen White Blogger
Some ABCs of Alaska Personal Injury Law
Statute of Limitations. Like most States, Alaska prescribes time limits as to when you must file your personal injury case in court. This “statute of limitations,” in Alaska, is two years; if you fail to comply with this deadline, any attempt to bring the lawsuit will almost certainly be dismissed, forever barring you from any recovery.
Although this two-year time limit starts to run from the date of your accident, if you can prove that you did not “discover” the injury until later, the court may allow the clock to begin running from the date of discovery of your injury. Be sure to contact an Anchorage Attorney to make sure you do not miss this deadline.
Comparative Negligence. When you try to hold a person or company responsible for your injuries, they are likely to allege that you are—at least partly, if not entirety—at fault for your own injuries. If the defendant(s) can demonstrate this, any award of damages will be reduced by a percentage equal to your fault. For example, if you are injured due to a slip-and-fall on ice and a jury values your injuries at $100,000.00, but you were looking at your phone at the time, so the jury believes you were 40% responsible, your payout will be reduced to $60,000.00
Auto Insurance Laws. When it comes to auto insurance, Alaska is a “fault” State, meaning that a driver that suffers an accidents may file a claim with their own insurance company or the other driver’s insurance company, or to simply file a lawsuit in court seeking compensation from the driver who caused the accident.
Dog Bites. Dog owners may be held liable for injuries caused by their dog or other animal, but only if the victim shows that the owner “should have known” that his or her pet was dangerous, something known as the “one bite” rule.
Damages in Alaska
If you are injured, Personal Injury Attorneys Accidents will apprise you of all types of monies you may be entitled to, known as “damages.”
First, there are “economic damages,” such as medication co-pays, doctor visits, and car repairs, that are easily quantifiable, through invoices, medical records and the like.
“Non-economic damages,” however, are more subjective and, therefore, more difficult to prove.Seeking damages for items such as pain and suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium and other non-pecuniary damages require the telling of a story, supported by records, personal logs and the like, to demonstrate how badly your life was negatively affected by your injuries.
Notably, Alaska caps “non-economic damages,” but only in medical malpractice cases. Since 1997, such damages were capped at the greater of $400,000 or $8,000 for each expected remaining year of life. In cases involving disfigurement or severe physical impairment, there is a $1 million cap.
Alaska prohibits injured people from collecting punitive damages.
There is a lot to know when you are injured in any type of personal injury case. This is why it is important to contact and retain an attornye to prosecute your claim properly. When it comes to finding the correct personal injury attorneys, you should find ones with the experience and resources to maximize your results.
Created on Oct 3rd 2019 01:27. Viewed 51 times.
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