Personal injury is a broad category of law encompassing a wide variety of claims usually involving physical injuries or wrongful death, but they can stem from incidents causing emotional or financial damage, rather than physical injuries. Examples of injury claims include brain injuries and birth injuries as well as simple slip and fall cases and dog bites. Many personal injury lawsuits involve auto accidents as well. A personal injury lawsuit must have two elements – damages and responsibility. Personal injury laws vary from state to state. Here are some things that you need to know about personal injury in Alaska.
Time limits
The time limit for filing a lawsuit is called the statute of limitations. The statute of limitations for personal injury in Alaska is two years.
In most cases this time limit begins to run when the event causing injury occurs. For more in depth information about time limits in Alaska read our Alaska Statute of Limitations page.
Compensation
If you are injured in Alaska you may be entitled to compensation for:
- Past, current, and future medical expenses
- Lost wages
- Diminished earning capacity
- Property damage, including vehicles
- Expenses incurred as a direct result of injury
- Permanent disfigurement
- Permanent disability
- Emotional distress
- Loss of consortium
Punitive damages
In Alaska, if the responsible party’s actions were motivated by financial gain punitive damages can be four times the financial the compensatory damages, four times the financial gain, or up to $7 million dollars. In all other cases punitive damages cannot be more than three times the total compensatory damages or $500,000.
Non economic damages
Non economic damages, in Alaska, include:
- Pain and suffering
- Loss of consortium
- Loss of quality of life
- Disability
- Disfigurement
- Emotional distress
In most injuries and wrongful death, non economic damages cannot exceed the injured person’s life expectancy in years multiplied by $8,000 or $400,000, whichever is greater. In cases of severe disability or severe disfigurement non economic damages may not exceed $25,000 times your life expectancy in years, or $1 million.
Negligence
In order to prove negligence in Alaska you must prove the following four elements:
- The other party owed you a duty
- The other party failed to fulfill that duty
- That breach of duty caused your injuries
- You suffered damages as a result
Comparative negligence
Comparative negligence allows you to receive compensation even if you were partially responsible for your injuries. Alaska uses pure comparable fault, meaning that if the other party is only one percent at fault you can still receive compensation. Damages are proportional to responsibility. In cases with multiple responsible parties, each responsible party is required to pay according to their percentage of fault.
Several liability
Under several liability, in Alaska, each responsible party is responsible for their percentage of damages only. If there are multiple responsible parties, and one or more parties do not pay their part, you cannot seek the remainder from the party who has already paid.
Defective products
Product liability claims fall under strict liability, rather than negligence. In order to prove strict liability, in Alaska, you must prove that:
- The product was defective and unreasonable dangerous even if used properly
- You used the product as it was intended
- The defect caused you injury
- You suffered damages as a result
If you or a loved one has been injured or killed in Alaska and believe you have a personal injury claim, please contact an Alaska personal injury lawyer in your area to evaluate your claim.
