It does not mean that you are not at a risk of being involved in an auto accident because there are others who are using public roads too and so you could still end up in a car crash. In fact, every turn that you make, every intersection that you cross, every stop sign you yield to could all be potential accident zones. Furthermore, road accidents are not the only car accidents that we are at a risk of being involved in. There are other accidents which may occur while in the comfort of your own home or while at your workplace, etc. This could be something like a slip and fall accident for instance.
Damages caused due to accidents
Depending on the nature and the severity of the accident, the damages incurred by the victim can also vary pretty substantially from one accident to another and also from one victim to another. Accidents could result in minor injuries such as a couple of bruises or cuts, but some accidents also lead to very serious, life threatening injuries that could even be mortal.
Personal injuries or property damage that may have occurred as a result of an auto accident may require medical attention and treatment or in the case of property damage – repairs, which can cost a significant sum. It is unfair that a victim of an accident has to bear such costs because of someone else’s negligence which is why the car accident occurred in the first place.
This is precisely the reason why state law in Alaska allows for accident victims to file civil lawsuits which may be in the form of a:
- Personal injury lawsuit
- Wrongful death lawsuit
- Property damage lawsuit
These lawsuits are intended to compensate the victim for the damages provided that the victim is able to prove the lawsuit and the claims made within it.
USAttorneys.com needs to be your destination
The burden of proof lies on you, the plaintiff. This means that it is your responsibility to prove to the judge or jury using evidence, reasoning, and testimony that you rightfully deserve the compensation sought in the lawsuit.
A legal professional will be able to assist you. This is where your search for the best accident lawyer in Alaska ends. Contact us if you have any questions through our stellar website at USAttorneys.com.
Do not sign anything with any insurance company until you have legal help. That could be the worst mistake you ever make.
How will an experienced personal injury attorney in Alaska address a victim’s accident losses?
Accidents are random, generally insignificant events, but in many cases they can lead to detrimental outcomes resulting in harm, injury, damage, loss, or wrongful death casualty. The law provides for compensation, or indemnity when an injured party was not at fault. Accidental injuries may occur at work, on someone’s property, in the hospital, on vacation, during recreational outings, or in a motor vehicle, just to name a few common locations. An experienced legal professional can support a personal injury claim in the state of Alaska, utilizing pertinent federal and state doctrine to yield a comprehensive court award, or an insurance settlement that will compensate a victim for their losses.
Accidents are the third leading cause of death in Alaska?
Unintentional injury was the third leading cause of death for Alaskans in 2018, falling behind
cancer and heart disease accounting for 397 deaths, possibly resulting in wrongful death claims. Accidents can leave an individual with life-long mental, physical, and financial restrictions and legal action may be required to compensate those losses.
What types of accidents result in legal action toward fiscal recovery?
In Alaska, all types of accidents, including auto and motorcycle, personal injury, premises liability, medical malpractice, and worker’s on-the-job injuries cause legal action in pursuit of economic, and non-economic damages. Alaska prohibits injured people from collecting punitive damages.
Motor vehicle.
If you are injured in a motor vehicle accident in the State of Alaska, you may have questions about how the laws will affect property damage and personal injury claims. If you are injured by a negligent driver in Alaska, you have the right to pursue compensation whether you were walking, riding, or driving when the accident occurred. In Alaska, negligent acts include drunk driving, where over 3,000 individuals were arrested for DUI in 2016. A lawyer’s involvement may speed this process along, and compensation will vary depending on insurance coverages and degrees of fault, because Alaska follows a “pure comparative fault” rule when both parties are found to share blame for an accident. There is a two year time period to file a suit after an accident.
Personal injury.
Personal injury accidents occur in any setting, as a result of the action, or inaction of another, and a victim may be able to recover compensation if fault and/or liability is proven. The injured person must establish that the other entity was negligent. Negligence can be defined as generally acting below the standard of care that a reasonable person would follow, or not acting in a manner consistent with the standard of care that a reasonable person would follow. The recovery of damages rests on proof that the other individual, or entity was the cause of the injury and owed a duty of care.
Premises liability.
Premises liability accidents encompass injuries that occurred on another’s premises and are usually covered under homeowners’ insurance. This may result from poor conditions on the property, improper maintenance, or upkeep of the property, and include occupants and animals on the premises, such as dog bites, etc. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the premises. An invitee is owed a duty of care, but a trespasser may not be owed that same duty.
Medical malpractice.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. Alaska caps non-economic damages in medical malpractice cases at $400,000, or $8,000 for each expected remaining year of life, whichever was greater. For cases of disfigurement or severe physical impairment, damages are capped at $1 million.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
What can a victim recover from other accident injuries?
Compensatory damages are meant to restore an individual back to the state they were in prior to the accident and include an award of money to compensate for actual economic losses, based on property damage, and/or injury. Total awards can include:
- Economic damages include present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages include pain and suffering, mental anguish and loss of consortium or companionship.
Punitive damages.
When an individual’s actions are found to be intentional, egregious, and harmful, these types of damages may be awarded to punish the named defendant as a means to deter future similar acts. Alaska prohibits injured people from collecting punitive damages.
In the rare occasions that punitive damages are considered under Alaska law, the likelihood of harm, the knowledge of the harm, the actions taken and damages awarded in similar situations, also addressing any criminal component are considered.
Legal action after an accident.
In Alaska, an accident victim can take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team yielding a swift and fair monetary settlement. An experienced lawyer has been formally educated to research all state and federal laws pertinent to individual accident claims, and can digest that information in support of a case, while tracking governmental agency and court filing timelines.
