In Alaska, personal injury cases are common occurrences, and whenever such an incident occurs, the question of liability follows. Who is responsible for the injury? Who should pay for the damages? Determining liability is crucial in filing a personal injury lawsuit in Alaska. This article outlines the steps taken to determine liability in Alaska personal injury cases.
Table of Contents
Types Of Personal Injury Cases
Before diving into the specifics of liability determination in Alaska, it is essential to understand the different types of personal injury cases that exist. Alaska personal injury cases can range from medical malpractice to car accidents, slip, and fall accidents, dog bites, and wrongful death, among other instances.
Different types of personal injury cases have different requirements for liability determination. For instance, a car accident case may require the analysis of traffic rules and driver behavior, while a medical malpractice case will require the consideration of each medical professional’s standard practices.
Negligence In Alaska Personal Injury Cases
Negligence is the foundation upon which personal injury claims lie. A defendant must be found negligent to be found guilty of causing the plaintiff’s injury. Alaska applies a comparative negligence rule, which states that if the accused party was in any way responsible for the plaintiff’s injury, their compensation will be reduced according to their percentage of fault.
Burden Of Proof
The burden of proof in personal injury lawsuits in Alaska rests on the plaintiffs. That is, the plaintiff must prove that the defendant was negligent and that their negligence caused the plaintiff’s injury. The standard of proof in Alaska personal injury lawsuits is preponderance of the evidence, which means that the evidence provided must be more likely to be true than not true.
Factual Causation
The next step in determining liability in Alaska personal injury cases is factual causation. Did the accident really cause the plaintiff’s injury? Even if the defendant was negligent, if their action did not cause the plaintiff’s injury, they may not be held liable.
For instance, if a construction worker falls from a ladder while not wearing a safety harness, they may be found negligent. However, if it is discovered that the worker’s fall did not cause their injuries, the defendant may not be held responsible despite being negligent.
Proximate Cause
Once factual causation has been established, the court then considers proximate cause. Proximate cause examines whether the defendant’s actions were the direct and foreseeable cause of the plaintiff’s injuries. In essence, was the injury a result of the defendant’s negligence, or were there other factors at play?
Proximate causation also looks at whether the injury was a natural and probable consequence of the defendant’s negligence. If, after examining proximate cause, the court determines that the defendant’s actions were the direct and foreseeable cause of the plaintiff’s injuries, the defendant may be held liable.
Contributory Negligence
Contributory negligence arises when the plaintiff’s behavior contributed to their injuries. This concept is in line with Alaska’s comparative negligence rule in that the plaintiff’s percentage of fault will reduce their compensation. However, if the plaintiff’s percentage of fault is higher than 50%, they may not receive damages.
Statute Of Limitations
Another important factor to consider when determining liability in Alaska personal injury cases is the statute of limitations. A statute of limitations is the time limit in which a plaintiff must file their lawsuit; otherwise, it may be thrown out of court. In Alaska, the statute of limitations for personal injury lawsuits is two years from the date the injury occurred.
Conclusion
Determining liability is crucial in Alaska personal injury cases. Understanding the different steps taken in examining negligence, factual causation, proximate cause, and contributory negligence, among others, can help you navigate Alaska’s personal injury laws with ease. If you have been involved in a personal injury incident, consult an experienced personal injury attorney to help you seek the compensation you deserve.