If a person has suffered injuries due to another person’s negligence, reckless behavior, or as a result of an accident, personal injury law allows victims to recover compensation. Injured victims can file civil lawsuits to obtain damages which are considered a legal remedy for losses incurred by an accident or other incident.
Personal injuries resulting from accidents, including vehicle accidents and medical malpractice, can be very serious, and victims may suffer from head trauma, neck and back injuries, broken bones, dislocated joints, and other severe injuries.
But, before filing a lawsuit, make sure you retain Alaska personal injury lawyers who understand the state’s personal injury laws and know what has to be done so your case would have a positive outcome.
Experienced personal injury attorney, Sean Brown, represents injured people throughout Alaska that have suffered harm.
The Basics of Alaska Personal Injury Laws
How do you know whether you have a legal basis for filing a personal injury claim or lawsuit? Typically, you need to prove that the other party is at fault for the physical harm you have suffered.
This is among one of the essential concerns in any personal injury case, given that once a party has been acknowledged as being at fault, they will be held liable for paying damages to the injured party by either a worked-out settlement or a court order.
However, Alaska’s comparative negligence rule also has to be considered in personal injury cases.
That is a complicated way of saying that if injured victims are found partly responsible for the accident in which they were hurt, they can still get compensation from the responsible parties. But, any damages awarded would be reduced by an amount equal to the percentage of fault that’s determined to be theirs.
That’s why it’s crucial to make a strong case against the at-fault party, which is virtually impossible without the help of skilled Anchorage personal injury lawyers.
Evidence in Personal Injury Law Cases in Alaska
To prove a negligence case in Anchorage, Alaska, personal injury attorneys have to show that another owed the injured party a duty of care to either commit an act or not commit it. The other party didn’t carry out their duty, and that has caused an injury to the injured party. The responsible party’s actions or inactions were substantial factors in causing the injury, which led to actual damages.
After an accident, the victim usually has to deal with an insurance company of the other party that tries to gather all the facts surrounding the incident. This insurance adjuster will determine how much compensation should be given to avoid litigation. However, the initial offer is usually not enough to be considered fair compensation.
When trying to prove your personal injury case, your personal injury lawyer can use several types of evidence, including witnesses’ testimony, evidence from the accident scene, photos of your injuries, as well as medical bills and medical expenses that the injured victim incurred.
But physical injuries are rarely the only types of injuries the victims suffer. Victims can also suffer emotional distress.
Pain and suffering damages compensate for the mental and physical distress victims’ have suffered as a result of the injury. In medical malpractice cases, these and other non-economic damages are capped at $250,000. But, there is an exception – in cases involving permanent physical impairment and wrongful death cases, these damages are capped at $400,000.
Alaska Personal Injury Laws and Time Limits
Some victims of car accidents and other types of personal injury cases don’t think they need the help of Alaska personal injury lawyers. Although you may think you can handle everything yourself, that is not advisory, especially if you want to obtain maximum compensation. In cases involving wrongful death, surviving family members shouldn’t deal with insurance claims but focus on grieving for their loved ones.
You need an Anchorage personal injury attorney who has a proven track record of success in these cases, so you can focus on your recovery while they fight for the fair settlement you are entitled to.
Don’t forget the State of Alaska has its own time limits for filing a personal injury lawsuit. Known as a statute of limitations, personal injury laws give victims two years from the date of the accident to file a lawsuit in court. There may be some exceptions, but if you are unsure how it applies to your case, contacting personal injury attorneys may be the best course of action.
What Are the Personal Injury Laws in Alaska
Personal injury law secures those who are hurt by the negligent acts of one or more persons. Personal injury is an area of law that helps individuals deal with an injury that results from another party’s neglect, negligence, or willful act of misdeed. This can include:
- A driver or passenger of an automobile is hurt because the other driver failed to comply with a stop sign and caused an auto accident
- A kid hurt as a result of a faulty-designed safety seat
- An individual whose property (home or car) is destroyed when another party’s cars or truck hit them
No matter if you were hurt in a car accident, motorcycle crash, or maritime accident, contact us immediately so we can discuss your options. Personal injury lawyer Sean Brown has represented dozens of individuals whose lives have been permanently or temporarily changed due to being injured because of someone else’s negligence.
Our personal injury law firm will handle negotiation with insurance companies and other parties to reimburse you for your medical bills and lost wages. Our experienced attorneys in Alaska will work diligently in order to resolve your claim efficiently.