When you or your loved ones have been injured due to someone else’s negligence or fault, you may have the legal right to seek compensation for your damages. Alaska personal injury laws can protect your rights as an injured party and help you recover for your losses. In this comprehensive guide, we’ll shed some light on the most important aspects of personal injury laws in Alaska and how they apply to your case.
Table of Contents
First things first: What is Personal Injury?
Personal injury refers to any injury or harm caused to a person’s physical, emotional, or mental health due to someone else’s wrongful actions or negligence. Various factors can cause personal injuries, such as accidents, dog bites, medical malpractice, product liability, and more.
Alaska Statute of Limitations
The statute of limitations refers to the time limit within which the injured party must file their claim. In Alaska, the statute of limitations for personal injury cases is two years from the date of the injury, according to Alaska Statute ยง09.10.070.
It’s crucial to file your claim within the statute of limitations. Otherwise, you risk losing your right to pursue your case and recover compensation for your damages.
Comparative Negligence in Alaska
Comparative negligence is a legal rule that determines the amount of compensation you’re entitled to receive based on your degree of fault in the accident. In Alaska, the comparative negligence rule applies to personal injury cases as well.
Here’s how it works: If you’re partly responsible for your injuries, the compensation amount you can receive will be reduced by the percentage of your fault. For example, if the total amount of damages is $10,000, and you’re found to be 30% at fault, your compensation will be reduced by $3,000, and you’ll receive $7,000 as a result.
Damages Available in Alaska
Alaska personal injury laws allow you to recover various types of damages, including economic and non-economic damages.
Economic damages refer to the actual financial losses you’ve suffered due to the injury or accident. For instance, medical bills, lost income, and property damage fall into this category.
Non-economic damages, on the other hand, refer to the intangible losses you’ve experienced due to your injury. For example, pain and suffering, emotional distress, and loss of enjoyment of life are non-economic damages.
Strict Liability in Alaska
Strict liability laws apply to product liability cases in Alaska. Under strict liability, manufacturers and sellers are legally responsible for any harm caused by their defective products. It means that the injured party doesn’t need to prove negligence on the manufacturer’s part to recover damages.
How to File a Personal Injury Claim in Alaska?
If you plan to file a personal injury claim in Alaska, here are the essential steps to follow:
- Get medical attention immediately after the accident.
- Collect and preserve any evidence related to your claim, such as photos, medical records, witness statements, and police reports.
- Contact an experienced personal injury attorney who understands Alaska laws.
- Provide your attorney with all the details of your accident and injuries.
- Your attorney will help you file a claim with the insurance company or file a lawsuit if needed.
- Negotiate a settlement with the guilty party or insurance company if possible.
- If a settlement is not reached, your case will go to trial, and a judge or jury will determine your compensation.
Hire a Personal Injury Attorney
Hiring an experienced personal injury attorney can significantly increase your chances of receiving fair compensation for your damages. A skilled attorney will help you navigate the complex legal system, provide you with legal advice, and advocate for your best interests.
Contact us today for a consultation to discuss your personal injury case. Our attorneys at XYZ Lawfirm are well-versed in Alaska personal injury laws and can guide you through every step of the process.