Alaska has very specific laws around personal injury and personal injury claims. Having an attorney who is well versed in these laws is paramount. The following are some examples of regulations which could have a drastic effect on your ability to claim damages in your personal injury case.
Time limits- In the state of Alaska, there is a strict time limit of two years to file any personal injury claim. This statute of limitations begins on the either the exact date of your accident, or from the time the injury is discovered by a physician. It is important that you act as quickly as possible to secure the compensation you need and deserve.
Comparative Negligence- Often, in personal injury cases, the defendant will attempt to prove that you are partially responsible for your injuries. If they are successful, this can reduce the damages awarded in an amount equal to your percentage of the fault as determined by the court. This could amount to thousands of dollars you could be using to pay medical bills, or to support your family in the event that you are unable to work. Alaska law requires the court to apply this rule in all personal injury cases.
Auto Insurance- Alaska is known as what is called a “Fault State.” Drivers injured in accidents have a choice between filing a claim through their own insurer, that of the other driver, or file a case in court to seek damages directly from the other driver. In the event of a car accident, you have the right to pursue the case in court regardless of the severity of the physical and financial damages incurred.
Owner Liability for Injury by a Dog or Other Animal- Because there is no specific statute on liability for animal bites, owners are held accountable for injuries caused by animal attacks, only if the owner had knowledge that the animal was dangerous. This is referred to as the “one bite” rule.
Damage Caps- Alaska limits the damages an injured person may receive. These limits typically apply damages for “pain and suffering” and other non-economic damages. In general, these caps apply only to medical malpractice, and not to other kinds of injuries. Because Alaska does not allow punitive damages, it’s important that you have the right attorney to ensure you receive the maximum damages allowed by state law.
Contact us for representation in Alaska.