A personal injury is a legal term used for an injury to the body that happens due to the negligence or intentional behavior of another person. Most often, personal injuries occur due to someone else's fault and the victim is given the right to claim for compensation in the civil court.
Statute of Limitations
There are time limits for filing personal injury claims in Alaska. This is called the “Statute of Limitations” for personal injury cases in Alaska, the limitation is TWO YEARS. However there are certain factors that might influence this limitation time:
- If you are under the age of 18 years, the statute of limitation will begin when you on your 18th birthday.
- In some personal injury cases, like being exposed to toxic chemicals, the injury might not get discovered until later. In such cases, the time starts from the day when the injury is discovered.
Auto Insurance Policies
Alaska is a ‘fault’ state in terms of auto insurance policies. The driver who is a victim of a personal injury case might opt for filing a claim with the insurer of their own or with the insurer of the other party. Also, he can seek for compensation in court against the driver who caused the accident.
Comparative Fault in Alaska
When involved in a personal injury case, the negligent party might try to play up your fault in order to seek acquittal. Alaska's comparative negligence policies come into act here. According to them, the amount of damages you receive gets reduced by the percentage equaling your own fault. This is called a ‘pure comparative fault’ rule and it is applied in injury cases in Alaska.
Let’s take an EXAMPLE:
Imagine that you are speeding over an empty road and you get hit by a driver who has run a red light signal. During the case, the driver is found to be at fault, but since you yourself were speeding, you are partially at fault as well. The other driver shares 85 percent of fault while you share 15 percent. Your compensation that was supposed to be $10,000 gets reduced to $ 8,500.
Understanding comparative fault rules can really help in insurance settlements and negotiations.
Damage Caps
Damage caps are the laws that limit the amount of money that can be awarded for damages in a personal injury claim. The caps for personal injury in Alaska are as follows:
- There are caps for non-economic damages in medical malpractice. Caps are between $250,000 and $400,000, depending on the circumstances of the individual case.
- Caps for disfigurement or physical impairment cases are at $1 million.
- Injured people are prohibited from collecting punitive damages according to Alaska state laws.
Nonetheless, if you have suffered a personal injury due to the actions of another party, such as an injury from a slip and fall incident or a car accident, you should consult with an Alaska personal injury attorney to discuss how to recover any losses you may have incurred.
