Personal injury is a legal term for physical injuries and mental injuries. However, personal injury law addresses both personal injuries and property damage.
Laws of personal injury in Alaska protect the rights of Alaskans who suffer a loss—bodily injuries and property damage, resulting from the negligence of others. Understanding the basics of personal injury laws is the first step toward protecting your constitutional rights.
Alaska Personal Injury Law Basics
It's important to be aware of basic personal injury laws even if you're not filing an injury claim. This knowledge can help you make informed decisions if you're ever involved in an accident in Alaska.
Comparative Negligence Rule
Litigating a personal injury claim is not as easy as it sounds. For instance, the defendant or the faulting party will likely try to avoid or reduce their liability by counter-accusing the plaintiff.
Alaska is a comparative negligence state, meaning recoverable damages are reduced to the extent of the plaintiff's contribution to an accident. In other words, the defendant or failing party only settles the value of a claim to the extent of contribution.
Illustration:
Suppose John, Jack, and Mary are involved in an accident, their contribution percentages are 30%, 20%, and 30%, respectively. The value of Jack's claim is $500. In this case, John and Mary will be required to pay Jack $150 each. The balance—$200, should be settled by Jack or his insurer.
Understanding the application of comparative fault rules comes in handy when in insurance settlements and negotiations. Adjusters may try to avoid liability by arguing that the claimant bears partial blame. In such instances, let them know that you understand how the comparative negligence principle works.
Alaska Auto Insurance Laws
Alaska uses "at-fault" auto insurance laws. This simply means that motorists can pursue their auto accident claims through three avenues:
- Through their auto insurers;
- Through the faulting parties' insurance companies, or
- File legal action in a court of law to seek damages for their loss—bodily injury or property damage.
Alaska insurance laws allow car accident victims to file legal action regardless of the severity of injuries or property damage. The best part about these laws is that they're flexible, meaning you can negotiate the settlement amount if the case doesn't warrant going to court.
Owner Liability for Animal-inflicted Injuries
Alaska's one-bite rule deals with animal-inflicted injuries, such as dog bites. Animal owners are typically held liable for injuries inflicted by their animals. if the plaintiff can prove that the owner "should have known" their pets are dangerous.
Statute of Limitations
The statute of limitations sets the timelines for filing a personal injury claim. In Alaska, injury claims must be filed within two years from the date of the incident. However, there's an exception to this rule; the clock starts ticking when injuries are discovered and not when the accident happened. Failing to file your claim within two years will make your claim invalid or time-barred.
Caps on Medical Malpractices
Medical malpractice occurs when a patient suffers injuries resulting from a medical professional's negligence, also known as medical errors in medical lingo. According to the medical code of ethics, doctors must inform patients about the treatment strategies to be used and consent must be given by patients.
Violating the medical code of ethics is professional misconduct that typically attracts professional and legal consequences. Damage caps set the limits of recoverable damages in personal injury claims. The laws typically limit non-economic awards otherwise called compensation for pain and suffering. The conditions for proving medical malpractices are:
- Existence of a doctor-patient relationship;
- The patient never consented to a recommended treatment plan;
- Injuries would have been avoided if the defendant was more careful;
- The injuries were predictable;
- The doctor owed the plaintiff a duty of care;
- The duty of care was breached;
- The plaintiff's injuries are directly related to the breach, and more.
Plaintiffs can receive the greater of $400,000 for non-economic damages, or $8,000 * the plaintiff's life expectancy for non-economic damages. Severe injuries and disfigurements are capped at the greater of $1 million or the plaintiff's life expectancy * $25,000. Punitive damages against municipalities aren't awarded.
Personal Injury Damages
In personal injury law, damages refer to financial compensation given to plaintiffs after filing a successful claim. The plaintiff must prove that the defendant breached the duty of care owed to them, causing a loss (bodily injuries or property damage. Personal injury damages include:
Compensatory Damages
These damages compensate the plaintiff for their loss and they're also known as non-economic and economic damages. Compensatory damages include general and special damages, and are awarded for:
- Mental anguish;
- Loss of consortium;
- Disfigurement or dismemberment;
- Past, present, and future medical costs;
- Lost wages and opportunity to earn.
Punitive Damages
Punitive damages are awarded where injuries result from extreme recklessness. These awards are however not common in personal injury lawsuits.
Understanding personal injury law is the first step toward protecting your constitutional rights. Consult a skilled personal injury attorney to discuss your situation.
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