Fundamentals of Your Personal Injury Claim

When you are involved in an auto accident there are many factors to consider before filing a claim. This article will briefly review what damages you can claim for and what factors might affect your claim in the state of Alaska.

The statute of limitation sets an official time frame during which a given case may be filed as a lawsuit in court. In Alaska, the statute of limitations for personal injury lawsuits is 2 years from the date of the incident. If not brought to court within 2 years of the accident date, you will most likely be barred from filing that civil lawsuit. In cases of injury that remains undetected for a period following the accident, the 2-year statute of limitations begins on the date the injury is discovered.

Alaska is an “at-fault” or “tort” state, meaning that how and where you file an insurance claim usually depends on who was “at fault” for the accident. Making things slightly more complicated, Alaska is a comparative fault state, and the different parties involved in an accident may all assume partial fault. If you’ve been in a car accident, you may end up filing a claim with your own insurance company, a claim with the other driver’s insurance company, a personal injury lawsuit, or a combination of these. Alaska state law allows injured people to file lawsuits with the court regardless of the severity or negligibility of the injuries. Due to the flexibility of this law, most lawsuits are settled out of court via negotiations with the insurer.

Fundamentally, damages are the amount of money which a plaintiff (the injured party, victim, etc.) claims for in a civil lawsuit. Damages are a provisional measure intended to replace or supplement losses caused by an accident. Different types of damages may be sought depending on the facts of the case and applicable laws. Most types of damages can be divided into three main categories:

1.Special damages are the losses and expenses directly caused by the accident. Special damages may include medical and hospital bills, loss of wages, physiotherapy bills, ambulance fees, and property repair or replacement costs. 

2.General damages are also considered to be resulting from the accident, but may be harder to define, prove, or ascribe value to. General damages can encompass future losses such as inability to work or perform certain tasks, loss of anticipated business, future complications predicted to arise from an injury, and long-term disability.General damages may also comprise subjective consequences of the accident such as pain and suffering, mental anguish, and humiliation from scars or disfigurement. Other damages that prove difficult to financially appraise such as loss of companionship, loss of reputation, and shortening of life span also fall under the category of general damages. The large quantaties of money tied up in general damages frequently prompts insurance companies to settle such cases out of court.

3.Exemplary (or punitive) damages are awarded when the defendant acted in a criminal, malicious, or reckless manner toward the plaintiff that consequently resulted in the special and general damages. Exemplary damages are rarely rewarded, though often claimed for.

 

If you were involved in an accident you may be entitled to compensation. Find lawyers in Anchorage Alaska to advise you and review your options before talking to your insurance adjuster.  

For the best accident lawyers in Alaska the author recommends a visit to Crowson Law Group.